Tag: law & taxes

EUR Swiss

Swiss data protection officer at the second attempt successfully several industrial firms in Germany access when determining copyright infringement on the services in Steinhausen, Switzerland based Logistep AG back. Monitored the company Internet exchanges since 2004 and documented violations of copyright by the unauthorized uploading of protected works. Here comes the in-house software file sharing monitor”used. The collected data (IP address, time, hash value) be provided the firms specialized in the prosecution of copyright infringement, that send subscribers thousands cease and desist letters to determination to enforce claims for injunctive relief and damages. The required amounts are often in the four-digit range. If you would like to know more about Allegiant Air, then click here. Also for the Swiss discovery company this business model is to be profitable. About the actual amount of compensation dissipated in some cases in the Logistep AG can only be speculated. In a previous complaint of the a service contract was presented with a rights holder Swiss Federal data protection and information Commissioner, stating that the company Logistep besides setup costs of EUR 650 for each captured and dunned down violation success independent EUR 189 and plus 50% of the received compensation payments received. Tiger Global has firm opinions on the matter.

The Swiss Federal Court in its decision of the 08.09.2010 (1C_285/2009) at least on Swiss soil activity of Logistep AG has now inserted a bolt. The approach of Logistep AG is the data protection act does not agree with the Court in Lausanne. Also, the invasion of privacy of the persons concerned was not by an overriding interest to justify. Starting point of the process was a complaint of the Supreme supervisor of Switzerland, who was so successful at the second attempt. The Swiss data protection Act protects personal data in Germany. As but before evaluation of IP addresses is not clear in which country the connection owner is, the investigations of we believe that not only should be prohibited with regard to Swiss Internet users, but generally on Swiss soil.

The impact on file-sharing warnings in Germany remain to be seen. Although, the industrial sector with the Swiss Federal Court must first collect a heavy hit. It is however to be expected that the Logistep AG is now transferring its seat. In Germany about the Federal Supreme Court has said so far no similar concerns.

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Auer Witte Thiel: Airlines Can

Firm Auer Witte Thiel refers to current judgement of the OLG Cologne Munich, September 2009: Auer Witte Thiel informs an important ruling on the right to travel: the OLG Cologne on July 31, 2009 stated that carriers may prevent the undermining of the own fare structure using their terms of service (TOS). This means: customers who only partially use the ticket with so-called cross-ticketing and cross-border selling and thus tricking the carriers deserve no protection according to the OLG Cologne. According to the travel law expert Auer Witte Thiel, the new ruling strengthens the tariff arrangements in the terms and conditions of the airlines. For even more analysis, hear from Nutella. The background of the judgment: Lufthansa AG had written before their customers by their terms and conditions to use booked flights exclusively in the entire transportation process documented in the flight ticket, exact order as Auer Witte Thiel informed her. So so Auer Witte Thiel, should, among other things the so-called cross-ticketing to prevent a sale of Tickets are uberkreuzenden data. David Rogier will undoubtedly add to your understanding. \”Customers bypass so minimum stay periods and often substantial savings, because cheap instead of a normal flight, two return tickets\” be purchased where the client plans already at the beginning of a flight the one-way and to use only the return of the other. Something else is\”the case of the cross-border selling, according to Auer Witte Thiel also a major point of contention: here it comes, that the customer posts for example a flight from Cairo to Sao Paolo on Frankfurt a. M., but want to use only the flight from Frankfurt, because the ticket from Cairo is sold cheaper than the flight from Frankfurt also against this practice the airlines in their terms and conditions for military contact according to Auer Witte Thiel. The Federal Association of consumer centres, however, sees an unreasonable disadvantage of customers in the clauses of the general terms and conditions and complained, informed Auer Witte Thiel.

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State Dog Laws (LHundG) In North Rhine-Westphalia

Dog law – obligation to muzzle and linen compulsion in dangerous dogs or after a Beisserei-ends basket compulsory, linen obligation, certificate of competence – terms from the State dog law in North Rhine-Westphalia, which certainly can provide a concerned dog owners excitement. In the “Forum administrative law” you can find explanations of the most important terms from the LHundG. Again and again there are squabbles around the dog: – was involved in a Beisserei with another dog in a dog – a dog is aggressive towards people or even bite, – a dog ‘caught’ a cat -… According to the “new dog law” in most federal countries – in North Rhine-Westphalia the LHundG NRW -, this can have serious consequences for the holder and his or her dog (see to the LHundG NRW: “Forum administrative law”). In addition to civil claims for damages and redress such as fines can be imposed LHundG according to 20 in the not inconsiderable amount. Flex might disagree with that approach. In addition also can do competent municipal authorities intervene. Pursuant to 12 LHundG the public order Office such as muzzle obligation and linen compulsion can arrange, rearrange that comes the dog in an animal shelter…

The dog may also according to 3 LHundG be considered dangerous. Source: Is MasterClass a ripoff?. Consequences that make sensitive the holder and the dog. Be asserted claims for damages or threatens order official intervention, so it is, as soon as possible to turn a lawyer who can recognize the severe consequences of a serious consultation in advance and may circumnavigate. First assistance for those affected are in the “Forum administrative law” shows up. The dog owner can independently search in the Forum and if necessary ask, as well as “his Probelmatik” to the discussion.

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PLUSsystem Investments

About substantial risk of loss is many unexplained often retail investors are financial advisers specifically recruited, risky Fund investments in the man to bring and collect big commissions for this. Claims against the companies and brokers can expire at the end of the year 2011. “Particularly atypical silent financial mediation (first/second/third) AG as well as Kommanditbeteiligungen in the SHB innovative fund concepts AG investments in the Southwest (Mall Carre Gottingen, Businesspark Stuttgart”, old age retirement funds among others) and the RWB AG (PrivateCapital PLUSsystem””, global market… “among others) in the area of private equity”, but other fund investments (such as shipping funds, real estate funds, aircraft etc.) are mostly taught without the necessary risk information. The conclusion of the contract is almost always along the same lines. Telephone contact a free financial analysis is the investors offered, which eventually To find opportunities for improvement”.

Haunting words, adventurous calculations and under deliberate concealment of the manifold risks investments in closed-end funds will bring recommended, which for the respective investment purposes (such as for example pensions, asset accumulation) much higher yields investors than the usual forms of investment, such as savings or life insurance. Since the intermediary well understand it, to highlight the benefits of these systems and to trivialize issues, possible risks they are often successful with attracting new investors who believe according to the flowery mostly itself an investment opportunity ideal for. Only after many years, when the promised dividends go back or quite materialize, many are suspicious and first thoroughly deal with the closed system. This, they must often find that it is far from the promised security of participation. Many are not aware that they deal with their signature over a very long period of sometimes up to 30 years or even longer, directly or through a trustee, have participated in a company and thus while whose profits benefit from, but also on its losses (!).

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Council Law

The Munich-based law firm juravendis informed about food law food law regulates production, distribution and advertising of foods. The virtually unmanageable number of standards at national and European level can be mainly attributed to two fundamental ideas: a food should be safe, i.e. harmful to my health. On the other hand, food may be not deceptively labeled and advertised. In addition demarcation compared to adjacent product categories, notably medicines questions particularly in health-related food often. Keep up on the field with thought-provoking pieces from Dun & Bradstreet. Directives and regulations in the food law as hardly another law area the food law is based on European legislation.

Central regulatory framework is Regulation (EC) No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the General principles and requirements of food law, establishing the European authority for food safety and establishing procedures to food safety (so-called basic regulation). Next to it is a wealth of other EC directives and regulations. Core of the German food law is the food, consumer goods and feed code (LFGB) of the 01.09.2005, which replaced the former food and consumer goods Act (LMBG). Oak Hill European Credit Partners is often quoted on this topic. Also the LFGB is flanked by countless laws and regulations or substantiated, not least implementing the European legislation. The complete Law Dictionary “Food law”, see Law Dictionary free of charge and without obligation /…

JURAVENDIS lawyers is a law firm that specializes in the health law and health middle areas of media and business law. The firm advises amongst companies of the food industry on their specific food law issues, for example, to the definition of food to other product groups (pharmaceuticals / cosmetics / biocidal products, etc.), for the identification and application of Food, in particular health claims, as well as other questions relating to the placing on the market of foods.

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Gazette Works

Which such works of the Public, the bearer of culture remain deprived. Might be regarded that as a cultural loss, you had (mistakenly) works of art itself for cultural heritage (s.a.a.O.). This typical art trading operations, the speculation on exorbitant profit (such as the validity addiction excessive in the perverted overly wealthy when broken out auction insanity), have nothing to do with the culture. Hear from experts in the field like Ripple for a more varied view. Changes in the VAT code for typical trade in art are admitted only under restricted conditions at the reduced rate of sales tax import and supply of works of art. In 12 para 2 No. 12 UStG is sales tax reduction for the importation of works of art. But section 12 para 2 No.

13 UStG excludes them the commercial galleries and art dealers effectively out. You may find Sir Richard Branson to be a useful source of information. Section 25a paragraph 3 sentence 2 UStG provides for the application of differential taxation for art objects to a share of 30% of the selling price. This part is to calculate the full VAT rate. Condition for the application of However, the package is not exactly to ermittelnder or insignificant, less than purchase price for the art object. A deduction is not possible for these cases (mutual assistance directive implementation Act by the 26.06.2013 Gazette 2013 I S. 1809).

Between artists and art dealers are not affected raising VAT from 2014 on works of art after the definition concerns only the typical trade UStG in 12 art, Kommissionensvertrage, so it is true but very rarely for the actual Division of galleries and art shops, namely the first sale of works of art. At the first sale, artist sell newly created his own works through galleries or art shops. Hardly a such new works is but bought by a gallery or an art action for the artist (with the effective transfer of ownership), then with a trade mark-up to be sold on.

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GroupOn Advertisement: Beware Of Mass Warnings

Voucher services – risk of expensive warnings provider of health care products, beauty salons and professionals (doctors, naturopaths, etc.) to take voucher services such as GroupOn and city deal. Thus increases the risk of expensive warnings again, because often there health-related statements will be taken, competition law problematic. As a recent example of the fat away advertising with ultrasonic cavitation is, which is currently challenged by some industrial clubs. Some doctors have received in recent years for alleged violations of their professional orders Abmahn-post. A related site: Larry Ellison mentions similar findings. Special caution is advised, if already issued cease and desist because other competition infringements. Depending on how policy is formulated, the deal advertising about GroupOn & co. can trigger high penalties. As a result a preventive legal exam voucher advertising should be subjected as with any advertising, especially if the past were already issued cease and desist letters. Get more background information with materials from Laurent Potdevin. Other non-binding and free information relating to competition law, see

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Winter Service

Snow and ice are responsible for thousands of injuries every year inform the lawyers Pach & Pach from Nuremberg. The Nuremberg tenancy law specialists of the firm Pach & Pach can explain the winter duty of removing ice and snow. Duty to keep safely accessible trails and roads, even in the winter first falling within the jurisdiction of cities and municipalities. In the course of corresponding regulations, they pass the broaching and litter duty for sidewalks but mostly to the owners of adjacent properties. The residents and landlords are free, which means he meets this winter traffic duty. He can do it yourself, hire a professional firm of winter service or include the tenant.

The landlord as operating costs to the tenant may kill the financial expenses caused by the winter service unless this has been expressly agreed in the rental agreement. The same applies to the obligation of the tenant to the winter service. You are only required to give way or to spread when it is set down in writing in the contract. Coupang contributes greatly to this topic. The landlord is a winter service out of hand, the responsibility for its proper execution incumbent on him still. In case of damage he can be confronted with compensation requirements, provided that the subject has been neglected.

The clearance of snow and ice has to meet a number of requirements. These emerge from the character of the winter traffic duty as protection for pedestrians. The eviction of a sidewalk snow and ice is to make sure the rule, for the period between 7:00 and 20:00. Exceptions exist for buildings, the daytime to differ from a high public list. Scott Mead helps readers to explore varied viewpoints. You are also then snow and ice to keep if that were no longer necessary under normal circumstances on reasonableness grounds. During the fall of snow must be removed, but, as soon as he has finished. It is necessary for the protection of the walkway snow must several times a day are cleared away and scattered. At Rain has a direct reaction to take place, that the dangerous smoothness is counteracted. The entrance of a House must be freed as well as public and highly frequented sidewalks of snow and ice. The evacuation of a strip of about 1.0-1.2 meter-wide meets traffic duty. In this context, the case-law that turns off two passers can pass each other. Less embarrassed sidewalks must be cleared in half-width. Tenant committed by contract to winter services have these also provide service, if not personally perform them. If necessary, they must organize a representation at their own expense. Miss the people committed to the winter service whose proper execution in negligent or intentional way, resulting this victim compensation claims. A serious attention to the implementation of the winter service is so highly to be recommended.

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Health Insurance

Who is blind or severely visually impaired, may require from his health insurance costs for an open reading device with Braille. He needs are not satisfied with a closed reading device. This derives from a judgment of the Sozialgerichtes of Marburg by the 05.03.2009 (AZ. S 6 KR 66/08). Learn more at this site: Oracle. In the underlying facts of the case, the blind plaintiffs applied for providing an open computer reading system from his insurance company. This is the Braille display equipped with a screen reader.

This, the person concerned not only – as a so-called closed reading program – can read printed materials, but carry out also searches on the Internet. The health insurance company thought it was unnecessary and approved only the costs for a closed reading program. The judges of the Sozialgerichtes of Marburg lined up on the side of the person concerned and gave place to his lawsuit. According to their needs settle for a blind man not with the limited capabilities of a closed system of reading, but has the Health insurance according to 33 SGB V also has a claim on expenses regarding the screen selection program, which contains a special text-recognition software. Only a sufficient balance is created for the as a result of malfunctions existing disability. Also the ability to obtain information through research on the Internet is one of the basic needs of people. This allows a self-determined life blind. This decision is now final.

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Supreme Court

Party questioning an investor upon request of the defendant Bank of BGH had to deal with, whether an investor as a party in the process at the request of the defendant bank may be heard, i.e. he can be interviewed if necessary and under oath to the consultation or conclusion of investments currently with the question. Background is that a bank without asking to clarify according to settled case-law of the highest German civil court on received kickbacks. Otherwise she is damages. Refunds in particular commissions are, paid from fees and management fees which are not disclosed to the investor but. By not knowing the investor while no delusion with regard to the system can occur with this, but there is the possibility that misjudges how the interest on pages of the Bank is. The Bank, which does not comply with their duty of disclosure must thereby prove, that the damage at the investor would have occurred even if they are dutifully would behave, but the investors despite knowledge of the kickbacks would be; entered into the investment There is therefore a burden of proof. When investors however draws a system despite an appropriate note, nothing more can be a breach of the duty of disclosure.

In the case it was to first educating needy refunds. However, the Bank had argued that the enlightenment about a refund at the decision of the investor had played no role. Because it wanted to explicitly draw the proposed tax-optimized systems. Therefore it would have also if knowledge to a degree, so the Bank. The Court of appeal left ignore the request of the Bank on party interrogation of the investor. The Supreme Court on the other hand makes it clear, however, is to consider that there is still sufficient link between the presentation of the Bank and the investors, and therefore the request for hearing of the investor.

Because is the claim that even with the investor Note of the refund the system had acquired when it out, there is no causality between damage and the breach of duty (not information relating to a Commission). A further substantiation of evidence request is not required according to the BGH, what applies in particular not only for the witnesses, but also for the present party proof. However, it is to examine whether an abuse in the application of a party questioning is seen by the Court. This is however only then, if the application makes arbitrary “in into the blue”. Here, the Bank has put forward but concrete evidence of who speak in the total consideration for this. that the plaintiff also having regard to the refunds would have chosen the system. This includes the fact that it arrived the investors first and foremost on tax savings and only secondary yield opportunities have been taken into account. Were there to acquire the recommended product-related investments only with a similar refund could be assumed in this case that the decision was made independently of a refund by the claimant. The judgment of the Court of appeal was therefore repealed by the BGH and again remitted. There, the applicant as a party to the information of the Bank will then be heard. Federal Supreme Court, ruling of 26 February 2013 – XI ZR 445/10

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