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Recent News From GRP Rainer LLP

  • Car cartel – Allegations against VW, Daimler and BMW

    Car cartel – Allegations against VW, Daimler and BMW

    Published: 05 Sep 2017

    The suspicion was borne out: the car makers Volkswagen (VW), Audi, Porsche, Daimler and BMW are reported to have coordinated in relation to technology, suppliers and costs and formed a kind of car cartel. The German automobile industry could be faced with a huge scandal following a report by the news magazine “Der Spiegel”. According to this, the car manufacturers Daimler, BMW and Volkswagen as ...

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  • Bogus application – No right to compensation

    Bogus application – No right to compensation

    Published: 01 Sep 2017

    If someone submits a bogus application without serious intent in response to a job advertisement, they are not entitled to demand compensation if the employer violates Germany’s Allgemeine Gleichbehandlungsgesetz (AGG) [General Act on Equal Treatment]. It is increasingly common for applicants to submit an application without serious intent in response to a job advertisement in order to demand co...

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  • BGH on illegal health claims in the context of advertising food items

    BGH on illegal health claims in the context of advertising food items

    Published: 29 Aug 2017

    In its ruling of March 29, 2017, the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, clarified once again that health claims cannot pertain to products and must relate to substances (Az.: I ZR 71/16). When it comes to promoting foods and foodstuffs with health claims, companies must take care to ensure that the claims do not relate to the product as a whole but instead refer to specifi...

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  • Depiction of a protected trademark on the site map for a fair not a trademark violation

    Depiction of a protected trademark on the site map for a fair not a trademark violation

    Published: 23 Aug 2017

    Merely using a third-party’s protected trademark on the site map for a fair does not constitute a violation of trademark law. That was the verdict of the Landgericht (LG) Köln [Regional Court of Cologne] in its ruling of March 7, 2017. Trademark violations can entail severe penalties. That being said, we at the commercial law firm GRP Rainer Rechtsanwälte note that it is not the case t...

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  • Loose slips of paper not a valid will according to KG Berlin

    Loose slips of paper not a valid will according to KG Berlin

    Published: 22 Aug 2017

    When it comes to wills, it is important to observe certain formal requirements. According to the Kammergericht (KG) Berlin [Higher Regional Court of Berlin], a loose collection of notes cannot be considered a testamentary disposition. The formal requirements relating to a handwritten will are not particularly difficult to meet. We at the law firm GRP Rainer Rechtsanwälte note that the testa...

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  • Dismissal due to illness only possible in the case of a negative health prognosis

    Dismissal due to illness only possible in the case of a negative health prognosis

    Published: 21 Aug 2017

    While it is a relatively widespread misconception that employees cannot be dismissed while they are sick, dismissal due to illness does require certain conditions be fulfilled. Employers can potentially dismiss employees even during a period of illness under certain circumstances. In fact, the illness can even be the reason for the employee’s dismissal. Nevertheless, certain conditions need to b...

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  • Cartel Office imposes fine on battery manufacturers for illegal arrangements

    Cartel Office imposes fine on battery manufacturers for illegal arrangements

    Published: 18 Aug 2017

    The Bundeskartellamt, Germany’s Federal Cartel Office, has imposed fines totalling around 28 million euros against two manufacturers of industrial batteries for entering into illegal arrangements. While neither company had made general arrangements regarding the price of their batteries, they did agree to introduce what is known as the “Metallteuerungszuschlag” (MTZ) [metal surcharge to cover ri...

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  • Animal shelter effectively designated as heir in will

    Animal shelter effectively designated as heir in will

    Published: 17 Aug 2017

    It is not possible for animals to inherit, but the same does not hold true for animal shelters. That being said, a clearly drafted will needs to be prepared for this to happen. In the absence of a will or contract of inheritance, the rules of intestate succession apply. These will not necessarily lead to a result that corresponds with the testator’s wishes, but they can be circumvented with a wi...

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