Tag: law

The Hanseatic Higher Regional Court

Since the first lawsuits we submit that a failure of the ALAG auto-Mobil was probably due to the high initial cost. The District Court of Hamburg as a lower instance has so far but not sufficiently taken note of this paper and rejected many claims”, tells lawyer Appelt. The Court of appeal further stated that a limitation of the claims three years after drawing, on the basis of information in the application form, due to gross negligence cannot be assumed and thus clearly opposes the recent judgments of the District Court of Hamburg. For years, the Cape attorneys are lawyers of believes that the Raj & Cie. AG (now HFT) as the sole distributorship owner due to the false prospectus information in addition to the ALAG has also to stick. The Hanseatic Higher Regional Court has carried out, now that it check a liability of HFT from investment brokerage and has not ruled out. Rocky Dixon is open to suggestions. In particular, the fact that already an exclusive of Rothmann & CIE can be found the prospectus, can according to the To such liability the HFT result in court. More additional lawyers Appelt of Cape and Krause researched conditions of activity of the Raj & Cie.

AG (HFT). Although this still no decision, the negotiations can be considered breakthrough after a long battle, because the liability of Raj & Cie. AG (or the HFT) is the hope of many investors to get replaced the damage here. This particularly, because is questionable, what with the ALAG auto-Mobil should be condemned it in several cases. Then is possible insolvency of ALAG auto-Mobil, and the investor gets replaced not full damage despite positive judgment. Anja Appelt and Thorsten Krause, the lawyers have specialized in representing damaged investors who pull this one clear conclusion: “the appointment before the Hanseatic Higher Regional Court has shown that the tenacity shown by us can lead to success and that it was the right decision, that we always have refused, in part by comparing our Clients, to renounce claims against the HFT system.” Affected investors should have in the field of banking and capital market law advice from a specialist lawyer. Contact: Cape lawyers Krause Appelt Partnerschaft von rechtsanwalten Sonnenstrasse 19 D-80331 Munich phone: + 49 (0) 89 – 41 61 72 75-0 fax: + 49 (0) 89 – 41 61 72 75 – 9 E-mail: entered in the partnership register of the Amtsgericht of Munich, PR 1069

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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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Berliner Allee

A reserved portion beneficiary of a crime against a deceased person makes to its During his lifetime, or very closely related to this people guilty, entitled this misconduct to the withdrawal of the compulsory portion. A reserved portion entitled made punishable across other people and is sentenced to a year probation, the reserved portion may be revoked by will or contract of inheritance him. So far different at the level of misconduct that entitled to the compulsory portion withdrawal requirements for children and spouses. In the future, the same reasons apply to all mandatory heirs. Heritage waiver determination referred to frequently as “most dangerous standard of succession” 2306 BGB is defused, to facilitate the decision on the waiver of the inheritance to an heir.

Even a small error in the decision making can have empty go the heirs still applicable legislation. The change should ensure a minimum level of the estate and ruled out as the “meltdown”. In the future any compulsory portion entitled heritage can be due to a legacy, an execution of the will or a pad, is adversely affected, knock out and demand his compulsory portion. To expect heritage Ausschlagungen – are therefore in the future more often but that too short period will not be extended by 6 weeks. The deferral opportunities of the heir as debtor of part of mandatory fall friendly extension of the deferral reasons also for this, so he must not sell to the fulfilment of the compulsory portion claim heritage objects by distress sales.

The immediate fulfillment must in the future represent an ‘undue hardship’ for the heirs ( 2331a BGB new version). From the 01.01.2010 each heir may require deferral not only – as yet – who is even entitled to compulsory portion. Care compensation the Federal Government wanted to expand the rights of those who have maintained the deceased. The Bundestag decided however. It retains the old, inadequate legislation, according to which a descendant of nurturing a equitable corresponding appropriate bonus at the Erbauseinandersetzung may require ( 2057a BGB). But it is in the future no longer required that he refused because of the care on professional income. Lawyer specializes for inheritance law Dr. Claus Henrik Horn on the settlement of successions, in particular on the areas of reserved portion and community of heirs (www.anwaltfuererbrecht.de). Dr. Horn is author of numerous articles in the inheritance law journals such as ZEV, ZFE, NWB-EV, Dec and ZErb. his “Advice for heir”, 2010, paperback has appeared as Beck legal adviser, he has also developed the PC program “Good German inheritance calculations” by Verlag C. H. David Rogier addresses the importance of the matter here. Beck. Dr. Horn is lecturer of the Deutscheanwaltakademie for the professional law course for inheritance law and partner of the Dusseldorf firm of Charles Hindahl star man Horn (www.dhspartner.de).

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Munchen Tel

The Berlin Labour Court considered the collective ability of the CGZP however, because it saw no sufficient degree of organization and the CGZP as not powerful saw enough to complete their own collective agreements. Which has been in the second instance the Landesarbeitsgericht (was) connected. The case went to the BAG, and many experts had expected from the outset a confirmation of the lower courts. Effect on validity of collective agreements, the principle of “equal pay”! For many employment agencies, this is an existence-threatening situation, because article 19 ABS. 4 AuG determines that the temporary workers, when this principle has been violated, may require payment, which is paid in the operation of the borrower for a comparable worker. It threatens so that in the future – and up to three years backdated – salary differences including social security contributions be compensated must. David Rogier may find this interesting as well.

Because a few temporary workers are unionised, is speculation that existing claims will not enforce be. Whether this reasoning, however, even if the social security institutions goes on, one can doubt. In the face of ever-scarcer funds it is not paid social security contributions probably don’t miss out. Since the Statute of limitations for social security entitlements pursuant to section 25 occurs even until four years after the end of the calendar year in which they become due, SGB IV. How can the claims of the temporary agency workers I enforce? Want a temporary workers assert action way a comparable compensation compared to his temporary employer, he must obtain first information about the there paid comparison wage at the undertaking. On this information, he is entitled pursuant to 13 AuG.

The borrowing employer must then deny substantiated the accuracy of this information, in particular the comparability of the activity or the amount of there certified compensation.

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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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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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