Use our services to recover overpaid fees from the German state. In a nutshell. Freight forwarders and other companies that have paid truck tolls in Germany between 2017 and 2020 can reclaim about 4% of these amounts from the Federal Republic of Germany. The ECJ found that Germany should not have charged costs for traffic […]
Prerequisites for a time off compensation to reduce the working time account in a court settlement. (BAG, judgment of 20.11.2019, 5 AZR 578/18) An exemption in a court settlement only fulfils the employee’s claim to compensation for time off to reduce the working time account, if it is sufficiently clear in the settlement that the […]
1. E-Procurement has been mandatory since the end of the transitional periods of the Public Procurement Law Modernisation Act 2016. Nevertheless, there are many uncertainties. Here is an example from current practice: 2. The contracting authority put a public contract out to tender. Since the value of the contract was beyond the relevant threshold values, the tender […]
Confirmation By The Lag – Extension of an Unfounded Time Limit
In practice, the unfounded limitation of the duration of contracts always brings with it difficulties. Recently, there have been a number of judgments on the issue of pre-employment. In addition to the material requirements, the formal implementation can also be problematic. This is because the prerequisites for an extension of the unfounded time limit within the […]
IR Global Member Meeting – Gabriel Bleser visits Christoph Just
Gabriel Bleser (second in on the right) of Moyse Bleser, IR Global’s exclusive Employment Law (Corporate) member in Luxembourg recently visited Christoph Just (second in on the left) of SCHULTE RIESENKAMPFF Rechtsanwaltsgesellschaft mbH, IR Global’s exclusive Corporate Law member in Germany, at his office in Frankfurt. Gabriel was joined by his colleague Cedric Bellwald (right). If you are […]
Despite joint and several liability according to § 133 UmwG – payments between the joint and several debtors disadvantageous to creditors.(BGH, judgment of 17.10.2019 – IX ZR 215/16) If payments are made between two companies resulting from a spin-off, a creditor disadvantageous effect is to be assumed despite the existence of joint and several liability […]
For employers, the subsequent determination of the employee status of a “freelancer” represents a considerable financial risk. Based on the payment made, social insurance institutions can demand retroactive additional payments for four years if this status is negligently overlooked. Problem.Far-reaching recourse by the employer to the employee is possible only in limited cases. According to […]
QUESTION ONE – In your experience, what are the key considerations that international clients should have the front of mind when assessing a target company for acquisition in your jurisdiction? Analysing your target is crucial. Typical targets in Germany are so-called ‘Mittelstand’ companies, which may be described as mid-size, family-owned and family-directed companies with strong […]
Employee status and reversal.(BAG, judgment of 26.06.2019, 5 AZR 178/18)If a supposedly freelancing relationship subsequently presents itself as an employment relationship, it cannot generally be assumed, that the amount of the remuneration agreed for freelance work has also been agreed for employment as an employee. Receipt of a notice of termination by putting it into […]
The designation of a data protection officer means a considerable organizational and financial effort for many small companies or organizations. According to the current version of the Basic Data Protection Regulation (“DS-GVO”) and the Federal Data Protection Act (“BDSG”), which must also be observed in Germany, most (e)sports organizations are affected by exactly this obligation. […]
NEWS ON THE OBLIGATION TO INFORM AND REQUEST CONCERNING HOLIDAYS
Since the recent decisions of the European Court of Justice concerning leave constituted an obligation on the part of the employer to inform and request, the first decisions of national courts have not been long in coming. Employers are called upon to comply with the rules of the courts precisely in order to prevent disputes regarding […]
Important to know: The bidder who, as a participant in a cartel, had cooperated extensively with the Cartel Office in an antitrust investigation and implemented personal and organizational self-cleaning measures, must, nevertheless, also cooperate with the contracting authority to enable him to verify the reliability of the bidder. The mere reference of the bidder to […]
