Author Archive:
Michael Rainer
7×7 Tangible Assets Insolvent
Read more: 7×7 Tangible Assets InsolventCompensation Claims for Investors 7×7 Sachwerte GmbH & Co. KG has filed for insolvency. As announced on the 7×7 Group’s website, the company filed an insolvency application with the Bonn District Court (Case No.: 99 IN 243/24). Amid the challenging situation faced by the 7×7 Group, numerous concerned investors have contacted MTR Legal Attorneys in…
Capacity to Make a Will in Joint Wills
Read more: Capacity to Make a Will in Joint WillsJoint Will Invalid When One Spouse Lacks Testamentary Capacity Spouses often create a joint will, naming each other as sole heirs to safeguard against claims from other potential heirs. However, if one spouse is no longer capable of making a will when drafting the testament, the entire joint will can become invalid. The Celle Higher…
7×7 Group of Companies Insolvent
Read more: 7×7 Group of Companies InsolventInvestors’ Money at Risk After Insolvency What had been anticipated is now a reality: the 7×7 Group of Companies is insolvent and will file for insolvency. This was communicated to investors in a letter from the board dated October 14, 2024. For investors who have invested in various capital assets of the 7×7 Group, this…
International Inheritance Law – Habitual Residence
Read more: International Inheritance Law – Habitual ResidenceDecision by the Higher Regional Court of Karlsruhe on Habitual Residence in International Inheritance Law – Case No.: 14 W 50/24 Wx The habitual residence of the deceased plays a central role in international inheritance law. In cross-border inheritance cases, habitual residence is a key criterion for determining which national inheritance law applies. The Higher…
Copyright Infringement by Drones
Read more: Copyright Infringement by DronesNo Freedom of Panorama for Aerial Drone Photography – German Federal Court (BGH) Ruling I ZR 67/23 Drones are widely used in various applications, with aerial photography being especially popular. However, copyright laws must be observed. In a ruling dated October 23, 2024, the German Federal Court of Justice (BGH) determined that aerial photos of…
Claim for Equal Pay
Read more: Claim for Equal PayJudgments of the Higher Labor Court of Baden-Württemberg – Case Nos.: 4 Sa 26/23 and 2 Sa 14/24 Equal pay, meaning the same compensation for women and men doing the same work, remains a persistent issue in the workplace. The Higher Labor Court of Baden-Württemberg has strengthened the claim for equal pay for equal work…
Best Price Ads: Clear and Unambiguous
Read more: Best Price Ads: Clear and UnambiguousStrict Guidelines for Discount Price Advertising – OLG Nuremberg Case No.: 3 U 460/24 UWG When advertising with price reductions, the reference price must be clearly recognizable to the consumer. If this is not the case, the advertisement can be misleading and a violation of competition law. This was decided by the OLG Nuremberg in…
Voluntary Disclosure in Money Laundering
Read more: Voluntary Disclosure in Money LaunderingVoluntary Disclosure Can Provide Immunity from Prosecution The accusation of money laundering should not be underestimated, as severe financial penalties or prison sentences can be imposed. A timely and complete voluntary disclosure can help avoid punishment. In cases of money laundering, offenders face fines or imprisonment of up to five years. In particularly severe cases,…
Possibility of Online Lawsuits
Read more: Possibility of Online LawsuitsFederal Ministry of Justice Presents Draft Law Digitalization is also set to become more prevalent in German courts. To this end, on September 4, 2024, the Federal Ministry of Justice presented a draft for the “Law on the Development and Testing of an Online Procedure in Civil Jurisdiction.” Behind this cumbersome term lies, simply put,…
Invalid Clause in Software License Agreements
Read more: Invalid Clause in Software License AgreementsClauses in General Terms and Conditions (GTC) Must Be Clear and Understandable General Terms and Conditions (GTC) play an important role in structuring software license agreements. They must be clear and transparent. If they are not, the affected clauses may be invalid, as demonstrated by a ruling of the Higher Regional Court of Cologne (OLG…
Exclusion from Pension Equalization
Read more: Exclusion from Pension EqualizationDecision ft he Berlin Higher Regional Court (KG Berlin) dated March 7, 2024, Case No. 16 UF 112/23 When a marriage fails and a divorce is granted, the family court automatically carries out the pension equalization process. In this process, the pension rights accrued by both spouses are usually divided equally between them. However, there…
Inheritance Cases with International Connections
Read more: Inheritance Cases with International ConnectionsCross-Border Inheritance and the EU Succession Regulation An increasing number of inheritance cases have an international dimension, for example, when the deceased has German citizenship but has relocated to Spain after retirement. Such situations can affect inheritance law, which varies between EU countries. In cases involving foreign elements, the question arises: which inheritance law should…