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Recent News From GRP Rainer LLP

  • BGH: Online advertising must clearly reference energy efficiency class

    BGH: Online advertising must clearly reference energy efficiency class

    Published: 30 Oct 2017

    When it comes to online advertising for electronic appliances, the energy efficiency class must be clearly visible to consumers. That was the verdict of the Bundesgerichtshof (BGH) in its ruling of April 6, 2017 (Az.: I ZR 159/16). According to the latest case law from the Bundesgerichtshof, it is not necessary for the energy efficiency class of an electronic appliance advertised online to be on...

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  • BAG: Strict requirements for dismissal on grounds of suspicion

    BAG: Strict requirements for dismissal on grounds of suspicion

    Published: 27 Oct 2017

    It is possible to issue exceptional notice terminating an employment relationship if there is good cause for doing so. However, in cases involving dismissal for good cause based on suspicion, this suspicion needs to be underpinned by strong circumstantial evidence. We at the commercial law firm GRP Rainer Rechtsanwälte note that issuing exceptional notice of dismissal terminating an employm...

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  • BGH: Advertisements must include all information material to the consumer

    BGH: Advertisements must include all information material to the consumer

    Published: 23 Oct 2017

    If an advertisement constitutes an “invitation to purchase”, it needs to include all of the information necessary for the consumer. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court (Az.: I ZR 41/16). In the instant case, a company had advertised fully furnished and equipped kitchens in brochures as “all-inclusive offers”, i.e. including electrical appliances. ...

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  • 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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