Design protection for the game block remains

The Court of Justice of the European Union (EuG) has rejected a lawsuit with the judgment dated January 24, 2024 – T-537/22. The design of a well-known building block remains legally protected. This was decided by the European Union Court (EuG) with a verdict from January 24, 2024 (Case No.: T-537/22). The design of a […]

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Raid on DWS due to suspicions of greenwashing

The Frankfurt public prosecutor’s office pursues suspected investment fraud The suspicion of greenwashing at the DWS fund house is not new, and investigations are ongoing. On February 1, 2024, the Frankfurt Public Prosecutor’s Office had the DWS premises in Frankfurt searched for the third time. This was the second raid within two weeks against DWS, […]

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Tax Audit – Additional Assessments by the Tax Office

Unclear or incomplete accounting records can lead to additional assessments by the tax office following a tax audit, necessitating back payments of taxes. Taxpayers should closely examine such additional assessments, as they may be excessive or unjustified. In accounting, businesses must adhere to the principles of proper bookkeeping and storage of books, records, and documents […]

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Clawback of COVID-19 aid unlawful

The administrative courts of Düsseldorf, Cologne, and Gelsenkirchen have ruled that attempts by the German state of North Rhine-Westphalia to partially reclaim COVID aid are unlawful. In the wake of the coronavirus pandemic, both the federal and regional governments in Germany sought to support businesses, the self-employed, and freelancers with financial aid as quickly and […]

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Termination of a commercial agency agreement

If a commercial agency agreement is terminated without notice, the commercial agent faces the prospect of financial losses and should therefore respond by weighing up and acting on their legal options. Both parties to a commercial agency agreement are entitled to terminate the agreement by giving due notice and without having to provide a justification, […]

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International commercial law firm MTR Legal Rechtsanwälte on course for growth

In order to continue to provide the best possible consultancy service to our clients, MTR Legal Rechtsanwälte is proud to welcome new talent to the team. Ensuring that both domestic and international clients receive the best advice and support remains a top priority at our firm. A self-critical, internal evaluation of the services we provide […]

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Contract fulfillment and force majeure

While the concept of force majeure has recently shot to prominence in commercial law due to the coronavirus pandemic and the war in Ukraine, it does not release those concerned from liability in all circumstances. It is not surprising, however, given the profound impact these crises have had on the economy and the various other […]

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Important provisions in a prenup

A prenuptial agreement allows key issues such as the equalization of accrued gains, pension rights adjustment, and alimony to be settled upfront, thus reducing the likelihood of disputes arising in the event of a divorce. And yet prenups are a touchy subject in a lot of relationships, with many a happy couple viewing them as […]

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Managing director liable in the event of a GDPR breach

A violation of the General Data Protection Regulation (GDPR) may result in managing directors having to pay compensation alongside the company. That was the verdict of Dresden’s higher regional court, the Oberlandesgericht (OLG) Dresden (case ref.: 4 U 1158/21). The issue of whether, in addition to the company, managing directors, too, can incur liability towards […]

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BAG clarifies obligation to log working hours in Germany

According to a ruling of Germany’s Federal Labour Court (BAG) from September 13, 2022, employers in Germany should already be systematically keeping records of the number of hours worked by their employees (case ref.: 1 ABR 22/21). Previously, the obligation to keep track of working hours only extended to overtime and work on Sundays. We […]

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BAG rules on exceeding the maximum assignment duration for temporary agency workers

Temporary agency workers can be recruited for more than 18 months if the relevant collective bargaining agreement contains provisions to this end. That was the verdict of Germany’s Federal Labor Court (BAG) in a judgment from September 14, 2022 (case ref.: 4 AZR 83/21). While German law stipulates a maximum assignment duration for temporary workers […]

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