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Recent News From GRP Rainer LLP

  • OLG Köln on validity of a nuncupative will before three witnesses

    OLG Köln on validity of a nuncupative will before three witnesses

    Published: 20 Oct 2017

    If the testator is at acute risk of death, it is possible to draft what is referred to in German as a “Nottestament”, or nuncupative will, before three witnesses. That being said, even a nuncupative will has to fulfil certain criteria for it to be effective. It is possible to prepare a will with three witnesses if the testator is faced with the imminent prospect of death. We at the law firm GRP ...

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  • Breach of confidentiality obligation – Dismissal with immediate effect valid

    Breach of confidentiality obligation – Dismissal with immediate effect valid

    Published: 19 Oct 2017

    Breach of a confidentiality obligation can justify issuing an employee with notice of dismissal with immediate effect. That was the verdict of the Landesarbeitsgericht (LAG) Baden-Württemberg [Regional Labour Court of Baden-Württemberg] (Az.: 12 Sa 22/16). We at the commercial law firm GRP Rainer Rechtsanwälte note that before an employer can effectively issue notice of dismissal ...

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  • European succession law – Implications for heirs and testator

    European succession law – Implications for heirs and testator

    Published: 13 Oct 2017

    Many German citizens prefer to spend their twilight years in warmer climates. Instead of holidaying in Majorca, the island becomes the centre of their lives. However, this has implications for inheritance. A lot of Germans have once again decided to spend their summer holidays abroad. Those who not only wish to spend their vacation in sunnier climates but also want to relocate there should consi...

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  • BAG: Dismissal with immediate effect on account of sexual harassment

    BAG: Dismissal with immediate effect on account of sexual harassment

    Published: 12 Oct 2017

    Reaching into a work colleague’s personal space can justify dismissal with immediate effect, even if the act was not sexually motivated. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court (Az.: 2 AZR 302/16). We at the commercial law firm GRP Rainer Rechtsanwälte note that it is possible having regard to all of the circumstances of a given case to excepti...

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  • Tax evasion – Immunity through voluntary disclosure

    Tax evasion – Immunity through voluntary disclosure

    Published: 09 Oct 2017

    Tax evasion is a crime. Notwithstanding this, it remains possible to submit a voluntary declaration leading to immunity in order to avoid a conviction. Anyone who dodges taxes should anticipate severe penalties. With large sums of money slipping through the state’s fingers every year due to tax evasion, measures to combat tax evasion are constantly being stepped up. Those concerned may be faced ...

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  • Insolvency: BGH bolsters creditors‘ rights

    Insolvency: BGH bolsters creditors‘ rights

    Published: 05 Oct 2017

    Good news for creditors of an insolvent business partner: In its ruling of June 22, 2017, the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, has bolstered their rights when contesting a debtor’s transactions in insolvency proceedings (Az.: IX ZR 111/14). According to insolvency avoidance law, the insolvency administrator can reclaim payments made by the insolvent debtor from the perio...

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  • Make arrangements for inheritance early on in patchwork families

    Make arrangements for inheritance early on in patchwork families

    Published: 03 Oct 2017

    The number of what are referred to as patchwork or blended families is increasing, with these sometimes giving rise to problems in inheritance cases. For this reason, particularly unmarried couples and patchwork families should give thought to preparing a will or contract of inheritance. German succession law continues to be tailored to the traditional family model. Under the rules of intestate ...

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  • Bundeskartellamt imposes fine for illegal price fixing

    Bundeskartellamt imposes fine for illegal price fixing

    Published: 29 Sep 2017

    The Bundeskartellamt, Germany’s Federal Cartel Office, has imposed fines amounting to just under 11 million euros on two companies from the clothing industry on account of illegal vertical resale price maintenance agreements. In the present case, a clothing manufacturer and a trading company had made arrangements regarding the prohibited vertical resale price maintenance agreements. This involve...

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