Contract Void Due to ‘Under-the-Table’ Agreement
Evidence for an “Under-the-Table” Agreement – Judgment of the Regional Court Itzehoe, Case No. 2 O 136/23 “Under-the-table” work can be sanctioned with substantial fines or imprisonment. If a client and a contractor make such an agreement, they not only commit a crime, but the client also cannot claim their money back if the […]
Misleading Advertising with Hair Growth Products
Violation of the Health Claims Regulation A pharmaceutical company advertised that it could provide thicker hair within a few weeks. However, the claims were deemed misleading to consumers and a violation of the Health Claims Regulation, as decided by the Regional Court of Bamberg. Consequently, the court prohibited the advertising with these claims in […]
BFH on the Amendment of Final Tax Assessments
Correction of the Tax Assessment After an Audit – BFH III R 14/22 If profit is determined using the income-excess method, the manner in which the taxpayer has maintained their records, which only came to the attention of the tax office through an audit, can lead to a correction of a final tax assessment. […]
BFH on Inheritance Tax Benefits
Parking Garage is Not Business Property – Ruling of the BFH on February 28, 2024, Ref.: II R 27/21 Real estate that is leased to third parties does not qualify as business property but rather as administrative property. As a result, such real estate cannot be granted tax benefits under inheritance tax law. This […]
Tax Benefits for Non-Profit Housing
Tax Incentives for Housing through Charitable Purposes In response to high rents and housing shortages, the German government is reintroducing non-profit housing. In early June 2024, the federal cabinet decided, as part of the 2024 Annual Tax Act, to include the “promotion of non-profit housing purposes” as a new charitable purpose in the Fiscal […]
CJEU on Jurisdiction Agreements
Jurisdiction Agreement Without Additional Foreign Elements On February 8, 2024, the Court of Justice of the European Union (CJEU) ruled that two contractual parties residing in the same EU member state can agree to the jurisdiction of a court in another EU member state, even if the contract otherwise has no connection to that […]
Pension Rights Equalization in Divorce
Division of Pension Entitlements When a marriage has irretrievably broken down and ends in divorce, it is essential to clarify the financial claims between the spouses. Pension rights equalization plays a crucial role in securing retirement benefits. This process involves dividing the pension entitlements acquired by both partners during the marriage. Unlike the division […]
Child Support in Shared Custody Arrangements
Ruling of the Karlsruhe Higher Regional Court – Case No.: 5 UF 219/23 After parents separate, it was once common for the children to live with one parent while the other parent had visitation rights, such as on weekends. Nowadays, parents increasingly choose a shared custody arrangement, where the children live alternately with both […]
Liability for Cookies Without Consent
Judgment of the OLG Frankfurt from June 27, 2024 – Az.: 6 U 192/23 If cookies are stored on a user’s devices without their consent, not only the operator of the website can be held liable, but also the provider of the tracking software used. This was decided by the OLG Frankfurt in a […]
ProReal Europe 9 / 10 – Imminent Risk of Default
Mandatory Disclosure by the ProReal Companies Investors have put around 278 million euros into ProReal Europa 9 GmbH and ProReal Europa 10, providing the companies with subordinated loans. They now face significant financial losses. This was announced by the two ProReal companies in a mandatory disclosure according to § 11a paragraph 1 of the […]
Trademark Law in Simultaneous Registration Cases
Judgment of the LG Hamburg from July 19, 2024 – Az.: 327 O 195/23 If you want to protect your trademark, you shouldn’t wait too long to register it. Otherwise, someone else might beat you to it. It can also happen that two parties register their trademark rights for a product on the same […]
Challenging Copyright at the BGH
Right to Recognition of Authorship – BGH I ZR 102/23 Even if authorship is contested only towards the author, this can still constitute a violation of copyright. The Federal Court of Justice ruled on June 27, 2024, making this clear (Case No.: I ZR 102/23). According to § 13 of the Copyright Act (UrhG), […]
Removal of a Shareholder-Director
OLG Munich on Removal for Important Reasons – Case No.: 23 W 354/23e Even seemingly small errors in bookkeeping can be an important reason for the removal of a shareholder-director. This is evident from a ruling by the OLG Munich dated May 25, 2023 (Case No.: 23 W 354/23e). The removal of a director […]
Undeclared Cash Agreement in Real Estate Purchase
Purchase Agreement Not Void Due to Agreement to Evade Taxes – BGH V ZR 115/22 Despite an undeclared cash agreement, a real estate purchase agreement does not necessarily have to be invalid. This was decided by the BGH in a judgment dated March 15, 2024 (Ref.: V ZR 115/22). This is possible if the […]
Deceptive Packaging Remains Deceptive Packaging
No Difference Between Brick-and-Mortar and Online Sales – BGH I ZR 43/23 Deceptive packaging remains deceptive packaging, whether it is displayed on store shelves or sold online. The method of distribution does not matter, as the Federal Court of Justice (BGH) clarified in its ruling on May 29, 2024 (Case No. I ZR 43/23). Advertising […]
Preos AG Insolvent
Leipzig District Court Opens Preliminary Insolvency Proceedings On July 18, 2024, the Leipzig District Court opened preliminary insolvency proceedings for PREOS Global Office Real Estate & Technology AG (Case No.: 405 IN 1216/24). This puts the money of investors who have invested in the Preos bond at risk. Investors can only register their claims for […]
Revocation of Management Authority in the PartG
Temporary Revocation of Authority Without Court Order – Judgment of the LG Stuttgart – Az.: 49 O 142/23 According to a remarkable judgment of the Regional Court Stuttgart dated January 23, 2024, it is possible in a partnership company (PartG) to temporarily revoke a partner’s authorization to manage the business without a court order […]
Will on Pub Pad Valid
Decision of the OLG Oldenburg – Az.: 3 W 96/23 There is a lot to find behind the counter. Glasses and drinks, of course, coasters, maybe a deck of cards or dice cup. In very rare cases, a will can also be found there. Exactly that happened to the partner of a deceased innkeeper. She […]
Effective Gift of Savings Deposits
Judgment of the Regional Court of Koblenz on March 14, 2024 – Case No.: 3 O 457/23 The gifting of savings books can be effective even without an assignment declaration. This was decided by the Regional Court of Koblenz in a judgment on March 14, 2024 (Case No.: 3 O 457/23). Lifetime gifts are an […]
Fraud in Online Banking – Bank’s Burden of Proof
BGH Strengthens the Rights of Bank Customers – Case No.: XI ZR 107/22 It’s a shocking experience when criminals hack into online banking and make unauthorized withdrawals from an account. However, the Federal Court of Justice (BGH) has strengthened the rights of affected bank customers with its ruling on March 5, 2024 (Case No.: XI […]
