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Recent News From GRP Rainer LLP

  • GRP Rainer Rechtsanwälte – Assessment of shareholder’s right of access

    GRP Rainer Rechtsanwälte – Assessment of shareholder’s right of access

    Published: 10 Oct 2018

    The shareholders of a GmbH have extensive rights of access and inspection which go beyond the general meeting and that enable them to inform themselves about what is happening within the business. These shareholder rights cannot be restricted in the articles of association. And yet, we at the commercial law firm GRP Rainer Rechtsanwälte note that even shareholders’ requests for information ar...

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  • GRP Rainer Rechtsanwälte – Assessment of claims for damages in response to kickbacks

    GRP Rainer Rechtsanwälte – Assessment of claims for damages in response to kickbacks

    Published: 09 Oct 2018

    Corruption, attempted bribery and kickbacks are all commonplace in commercial life. Aggrieved parties can assert claims on account of damage caused by acts contrary to public policy. Up until the end of the 20th century, it was still possible in Germany to claim bribes paid to foreign business partners against tax as “nützliche Aufwendungen”, i.e. beneficial expenditures. Times have changed...

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  • OLG München – Managing directors liable if they exceed the scope of their discretionary powers

    OLG München – Managing directors liable if they exceed the scope of their discretionary powers

    Published: 08 Oct 2018

    A managing director who culpably breaches his or her duties may be liable to pay damages to the company. This was confirmed by a ruling of the Oberlandesgericht (OLG) München, Munich’s Higher Regional Court. A managing director may be liable to pay damages not only to third parties but also the company if he or she culpably breaches his or her duties. We at the commercial law firm GRP Raine...

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  • ECJ on infringements of geographical indications

    ECJ on infringements of geographical indications

    Published: 05 Oct 2018

    According to a ruling of the Court of Justice of the European Union (ECJ) from 7 June 2018, an association with a protected indication is not by itself sufficient to infringe the registered geographical indication (Az.: C-44/17). As in the case of word marks or figurative marks, it is also possible to obtain trade mark protection for geographical indication of origin. Consumers may make certain ...

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  • ECJ – Red shoe soles can be protected as trade marks

    ECJ – Red shoe soles can be protected as trade marks

    Published: 04 Oct 2018

    Red shoe soles can be protected as trade marks. That was the verdict of the Court of Justice of the European Union (ECJ) in a ruling from 12 June 2018 (Az.: C-163/16). They do not fall within the ambit of the prohibition on registering shapes. There are a number of possible obstacles to registering a trade mark. According to one EU directive, a sign cannot be protected under trade mark law if, a...

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  • Bundeskartellamt imposes fines for illegal price-fixing agreements

    Bundeskartellamt imposes fines for illegal price-fixing agreements

    Published: 03 Oct 2018

    Germany’s Federal Cartel Office, the Bundeskartellamt, has imposed fines totaling 13.2 million euros on two packaging firms due to illegal price-fixing agreements. The companies had been supplying a commercial chain. According to the Gesetz gegen Wettbewerbsbeschränkungen (GWB), the German Act Against Restraints of Competition, agreements between companies or “undertakings” that restrict or...

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  • LAG Köln – Managing directors cannot claim protection against unfair dismissal

    LAG Köln – Managing directors cannot claim protection against unfair dismissal

    Published: 02 Oct 2018

    A managing director cannot claim protection against unfair dismissal if he or she is under no power of direction when working. In that case, he or she is not to be classified as an employee according to a ruling of the Landesarbeitsgericht (LAG) Köln, Cologne’s Regional Labour Court. Managing directors are appointed to and removed from their post by way of a shareholders’ resolution. At the...

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  • BGH – Advertising featuring health claims

    BGH – Advertising featuring health claims

    Published: 01 Oct 2018

    Health claims in relation to foods and foodstuffs are only permitted if they do not violate the Health Claims Regulation. This was reaffirmed by the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court (Az.: I ZR 167/16). When it comes to advertising on foods and foodstuffs featuring health claims, businesses need to make sure that the statements comply with the Health Claims Regulation. The...

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