License agreements regulating rights to use software Whether at home or at the office, many people encounter IT law in their daily lives, with one common point of contact being the use of software and the licenses required to this end. Anyone who wants to use their computer needs the appropriate software for their requirements. […]
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Commercial agent”s claim for compensatory adjustment If a commercial agency agreement is terminated, the commercial agent is normally entitled to compensatory adjustment. But certain conditions must be met if the claim is to be successful. Section 89(b) of the German Commercial Code (HGB) stipulates that the commercial agent is entitled to demand a reasonable indemnity
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Court finds warning letter a prerequisite for summarily terminating a commercial lease agreement A warning letter must have been issued prior to summarily terminating a lease agreement for commercial premises on account of defects. That was the verdict of the Higher Regional Court of Brandenburg, the Oberlandesgericht (OLG) Brandenburg (case ref.: 3 U 82/19). Open-ended
Data theft – Company to pay compensation for breaching GDPR In the aftermath of a data leak, German digital asset manager Scalable Capital has been ordered by the Munich I Regional Court – the Landgericht (LG) München I – to pay compensation for breaching the General Data Protection Regulation (GDPR). Customers are entitled to expect
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Karlsruhe court upholds premature dismissal of supervisory board member for good cause If it becomes unreasonable for a supervisory board and one of its members to continue their association due to the latter”s conduct, premature dismissal may be considered. That was the verdict of the Higher Regional Court of Karlsruhe – the Oberlandesgericht (OLG) Karlsruhe
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No tax relief on capital gains from privately held equity investment Capital gains derived from a privately held 100% corporate equity investment do not benefit from the tax allowance and reduced rate of tax under Sections 16 and 34 of Germany”s Income Tax Act (EStG). If a financial interest in a company is sold, the
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Forged certification of COVID-19 masks – Cancellation of purchase agreement A forged CE certificate entitles the buyer to cancel the agreement for the purchase of COVID-19 masks. That was the verdict of the Oberlandesgericht (OLG) Frankfurt – the Higher Regional Court of Frankfurt – in a ruling from September 15, 2021 (case ref.: 4 U
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Munich court throws its weight behind protected designations of origin in Champagne dispute Food products that feature Champagne in their name should actually taste like Champagne. That was the verdict of the Oberlandesgericht (OLG) München – the Higher Regional Court of Munich – in a judgment from July 1, 2021 (case ref.: 29 U 1698/14).
FG Münster: Amendment to tax assessment notice due to incorrectly attributed additional estimates A tax assessment notice can be amended on account of estimates of additional income being attributed to the wrong tax assessment period. That was the verdict of the Finanzgericht (FG) Münster – the Fiscal Court of Münster – in a ruling from
BGH: Protection of regional indications of source as collective marks Regional indications of source for food items can, according to a ruling of the Bundesgerichtshof (BGH) – Germany”s Federal Supreme Court – be protected under trademark law even if they do not conform to the EU criteria for geographical indications. In a ruling from July
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