The ECJ has ruled that the spreading of television programs via live streaming without the creator’s consent shall not be possible.

Cologne, NRW -- (SBWIRE) -- 05/22/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explains: In the case before the ECJ, several television broadcasters were of the opinion that their copyrights pertaining to their broadcasts were being violated by a company. They sued a company that operates a live streaming service. The case was then directed to the ECJ in a preliminary ruling.

It has emerged from a judgment of the European Court of Justice (ECJ) on 7 March 2013 (file no. C-607/11) that television broadcasters can likely forbid the dissemination of their broadcasts via live streaming. The ECJ ruled on the fact that this case deals with a communication to the public of protected works. However, such a communication requires the allowance of the creator. Even if the users had a television license which allows them to receive the broadcasts via television, this would apply.

If a production is subject to repeated use, each retransmission of a production usually has to be discussed in advance with the creators. The creator would thus also potentially be able to deny a retransmission via live streaming.

In copyright law, there is sometimes the question of who is actually the creator of a product, because in copyright law there is – unlike with patent and trademark issues – no public register which could reveal the ownership of it. A lawyer can advise on all matters relating to the matter of copyright.

There are various fields of law which are inseparably associated with copyright, for example press law, music law, publishing law and film law. Therefore, it is advisable to contact a lawyer who is proficient in these areas and can make the important logical connections.

If copyrights have been infringed, a lawyer can help with the legal enforcement of rights. Also if it has already come to copyright infringements, the persons involved should consult a lawyer that has expertise in the matter of copyright.

GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com

For more information on this press release visit: http://www.sbwire.com/press-releases/live-streaming-possible-up-to-a-certain-limit-rules-ecj-254660.htm

In several cases the Federal Labour Court (BAG) should have decided that temporary workers could be entitled to a higher salary for her work.

Cologne, NRW -- (SBWIRE) -- 05/17/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explain: This is the result from several decisions which have been pronounced by BAG on the 13th of March, 2013 (file number 5 AZR 954/11). The BAG handled the cases in which numerous temporary workers sued for supplementary compensation to their wage. The temporary workers concerned were paid by one and the same employers’ association. In some cases a few of the temporary workers earn under half of what the permanent employees received for the same work.

Finally the court decided in his current administration of justice, that the temporary workers are entitled to the same wage as the permanent employees. Though, the temporary workers have to assert the rights before predetermined deadlines. In its decision, the court has founded his position with the German Law on Labour Leasing (Arbeitnehmerüberlassungsgesetz (AÜG)). Therefore the workers for whom there is no valid wage agreement should be entitled to the same working conditions and an equivalent payment like permanent employees.

Experts are skeptical whether the numerous workers are able to assert rights of previous years. Especially the fact that the rights can prescribe may be problematic here.

With respect to all legal questions concerning the conclusion of the agreement, written warning or dismissal, the employees concerned should seek out a lawyer versed in labour law. He can assert their interests in individual and collective labour law both extrajudicially and in court.

One must anticipate tight deadlines in the field of labour law. In the event of dismissal, one should promptly seek legal advice from a lawyer. The limitation period for filing an action only gives the employee three weeks after receipt of the dismissal in writing to appeal the dismissal with an action for wrongful dismissal. He who wants to enforce contractual entitlements must keep in mind the cut-off period in the employment agreement and wage agreement. A lawyer can help ensure that rights do not lapse.

About GRP Rainer
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com

For more information on this press release visit: http://www.sbwire.com/press-releases/temporary-workers-could-be-entitled-to-an-equivalent-payment-like-permanent-employees-253194.htm

Cologne, Germany -- (SBWIRE) -- 05/16/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explain: It seems like the Federal Court of Justice (BGH) gave a judgment on the question which length is appropriate for a commitment of partners by a memorandum of partnership of a GbR which is binding for the partners (Ref. no.: II ZR 176/12).

A long-term commitment could be invalid because it might lead to a limitation of the partner’s options for termination. The personal and economic freedom of the partner should not be restricted inappropriately by the commitment of the partners to the company and the partner should have the option to manage it time-wise. The memorandum of partnership cannot extravagate this.

The limitation for commitment which is appropriate has to be decided on a case-by-case basis, meaning there is no general upper limit. Especially deciding are following facts: the structure of the company, the nature and extent of the arising obligations from the participation in the company. Furthermore the interest in the long-term existence of the company deriving from its purposes shall be taken in consideration as well as the legitimate interests of the individual partners involved in the long-term commitment.

The partnership organised under the German Civil Law is also known as BGB-Gesellschaft. It is the most basic form of a partnership and there are few binding conditions to be fulfilled. It’s up to the partners to shape the company through its memorandum of partnership.

The memorandum of partnership does not need a specific form and many GbR provisions are not obligatory. This contains a certain kind of flexibility. This flexibility implicates incentives and risks since many opportunities also pose many risks which might not be foreseen by the partners. That is why it is so important to place the interests of a company even before its establishment in the hands of experienced lawyers.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/BGB-Gesellschaft-GbR.html

For more information on this press release visit: http://www.sbwire.com/press-releases/long-term-commitments-of-partners-in-a-partnership-gbr-can-be-inappropriate-252624.htm

Cologne, Germany -- (SBWIRE) -- 05/15/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg Essen and London http://www.grprainer.com/en explain: The Koblenz Higher Regional Court (judgment of 15 January 2013, Az.: 4 U 874/12) decided in favour of a purchaser whose house’s roof was affected by a marten infestation. A few months after the acquisition of the house, the purchaser discovered the damage.

However, the sellers of the house had told him before that they were not aware of any hidden defect in the house. In reality, they had discovered the damage before and tried to rectify it during a partial refurbishment of the roof. They stated that they therefore assumed that the house was now free from defects. Nevertheless, the marten lived in the roof for about a year, making noises and apparently destroying it. Therefore, in the opinion of the Koblenz OLG, the sellers of the house must have assumed or at least suspected during the partial refurbishment that the rest of the roof was also damaged.

In the agreement of the sellers and the purchaser, the sellers had excluded all warranties for defects. However, the purchasers could bring claims for damages because a seller cannot invoke a warranty exemption insofar as he has fraudulently concealed a defect or assumed a guarantee for the condition of the object.

The judgement of the Koblenz OLG shows that purchasers should not be immediately discouraged by warranty exemptions of the seller. Liability for bad faith cannot be readily excluded. Instead, a purchaser whose item is concerned by defects should seek the advice of a lawyer active in the real estate law. He will be able to carefully examine the purchaser’s individual situation and claims.

A seller, for his part, should also always legally secure himself. Consulting an experienced lawyer as early as the planning of the sale can potentially protect him from nasty surprises, such as an ineffective warranty exemption.

GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en

For more information on this press release visit: http://www.sbwire.com/press-releases/the-consequences-of-the-bad-faith-of-a-house-seller-252007.htm

Cologne, Germany -- (SBWIRE) -- 05/14/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explain: The HGB defines commercial agent as anyone who as an independent trader has continuing authority to mediate transactions for another businessman or conclude them in that person’s name. He has to deal with the duty to both endeavour to solicit this mediation or such a deal, as well as communications and the duty to furnish information in addition to other duties.

The commercial agent is to be considered a representative of the businessman who must endeavour to carry out his remit within the scope of the duty to endeavour provided in the HGB.

At the same time, this duty to endeavour is therefore his principal duty such that it is not adequate for him to comply with it simply incidentally. The key element here is not that the commercial agent enables as many mediations or deals as possible, but rather that he gains suitable turnovers. The businessman, who can hence be regarded as the principal, can substantiate the commercial agent’s duties to endeavour to that effect by providing him with instructions. Therefore the commercial agent is ultimately obliged to preserve the interests of the businessman.

In the case that the commercial agent facilitates a deal or concludes a business transaction, he is obligated to inform the businessman immediately. In particular, he must account for the deal or the particulars of the mediation.

In addition to his duties to communicate and furnish information there is another duty that the commercial agent may be challenged with, namely the duty to be accountable. Furthermore, the businessman can demand information about the state of things at any time.

The other duties of the commercial agent include, among other things, that he must observe the same standards of care as a businessman or preserve the business secrets disclosed to him, even if it might not ultimately lead to the conclusion of an agreement.

The legal consequence, in particular with respect to a breach of a duty of care, can potentially be a claim for damages of the businessman against the commercial agents. Commercial agents should consult a lawyer in good time where claims may be raised against them.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en

For more information on this press release visit: http://www.sbwire.com/press-releases/the-commercial-agent-within-the-scope-of-the-commercial-code-hgb-251444.htm

In a recent judgement, the German Federal Court of Justice (BGH) provided a few clarifications with respect to the responsibilities of an architect towards his clients.

Cologne, Germany -- (SBWIRE) -- 05/14/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg Essen and London http://www.grprainer.com/en explain: In the legal dispute, the client had hired an architect in order to obtain the planning approval for a family home. The client argued that the architect’s plan exceeded the budget plans provided by the client. Therefore this plan was not realized during the realization of the building project. The architect then claimed for remuneration. The client rejected payment and stated that the plans have become useless to him.

In its judgment of 21 March 2013 (Ref.no.: VII ZR 230/11), the BGH decided that, within the framework of the basic evaluation, an architect has to delimit the economic framework for a construction project with the client and that the client’s budget plans for the planning of the construction project have to be considered. Therefore the architect has to delimit the budget with the client at an early stage of planning. If the architect does not disagree with the budget plans brought forward by the client, they should, in any case be able to determine the planning framework and even become part of the contract. Once the architect exceeds the budget framework which was provided by the client, the planning process might be useless and the architect could not asked to be remunerated for his work.

The budget plans of the client shall be even binding when there is not a delimited cap on the construction costs, but rather approximate construction costs that have been determined and on the basis of which the economic framework is to be determined. If there were doubts concerning the economic framework, the architect would have to inform the client about it.

Acquisition of property should be well elaborated. Start-ups commonly fail because financing was not planned out carefully. Before one makes such a decision he should have an extensive consultation with a lawyer, so that he can avoid overextending himself financially when purchasing property.

About GRP Rainer
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com

For more information on this press release visit: http://www.sbwire.com/press-releases/german-federal-court-of-justice-bgh-on-an-architects-responsibilities-250930.htm

In several recent judgements, the German Federal Court of Justice (BGH) provided a few clarifications with respect to the advertising of companies with the same name.

Cologne, NRW -- (SBWIRE) -- 05/13/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg Essen and London http://www.grprainer.com/en explain: Advertising is the most important element of the targeted influence on customers. Nevertheless, this is not free from legal restrictions. Therefore, companies must comply with legal provisions when placing their advertisements.

In its judgments of 24 January 2013 (Az.: I ZR 58/11 – I ZR 61/11 and I ZR 65/11), the Federal Court of Justice decided that companies with the same name that are operative in separate economic areas might, considering certain formalities, also advertise themselves in the other company’s respective area. In the legal dispute, two clothing chains with the same name were arguing about a nationwide advertisement of one of them operating in western, southern and central Germany. The other one, active in northern Germany, worried about the fact that its customers could confuse it with the other company. Therefore, the advertising was prohibited by the appeal court.

However, the BGH dismissed the legal action of the north German company. Even though the Court recognized that the nationwide advertising of one of the companies unsettled the existing trademark-related state of equilibrium between the two independent companies, it prioritized the recognised interest in nationwide advertising. Nevertheless, in the opinion of the judges it has to be suitably clarified in the advertising that there are two companies with identical names and from which the advertising stems.

The Law against Unfair Competition (UWG) entitles competitors to proceed by issuing warnings to respective companies. Subsequently a legal injunction will be also possible. It is advisable to consult a lawyer practicing in the area of advertising law, who will help to avoid litigation. To enforce their claims, the concerned parties should also seek for advice of a qualified lawyer.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Intellectual-Property-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/nationwide-advertising-of-companies-with-the-same-name-can-be-possible-250077.htm

The German Federal Labour Court (BAG) has decided that temporary workers could potentially receive more pay.

Cologne, NRW -- (SBWIRE) -- 05/09/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explain: In today’s world, temporary workers play a role of paramount importance. This is mainly attributed to the fact that companies can thereby reduce their own cost risks and operate in a more flexible manner. However, employers have to take into consideration that temporary workers can be entitled to the same wage as permanent employees.

In several rulings pronounced on 13 March 2013 (Az. 5 AZR 954/11) the BAG has decided that temporary workers might potentially be entitled to a higher wage for their work. Although they were employed by the same employer’s association and were doing exactly the same work, the temporary workers concerned by the rulings received fewer wages than the permanent employees. Some of them did not even receive half of the amount of money paid to the permanent employees. Therefore they successfully claimed for a supplementary compensation to their wage.

The BAG ruled that the temporary workers are entitled to the same wage as the permanent employees. In its decision, the BAG referred to the German Law on Labour Leasing (Arbeitnehmerüberlassungsgesetz (AÜG)). Though, the temporary workers have to observe predetermined deadlines when asserting their rights.

This can be seen as a chance for other temporary workers suffering from similar working conditions. However, experts give cause for serious concern because the rights of numerous temporary workers might prescribe.

With respect to all legal questions concerning the conclusion of the agreement, written warning or dismissal, the employees concerned should seek out a lawyer versed in labour law. He can assert their interests in individual and collective labour law both extra judicially and in court. The same has to be recommended for employers, e.g. employing temporary workers. Legal aspects always have to be taken into consideration. In the field of labour law, one must anticipate tight deadlines. A lawyer can help ensure that rights do not lapse.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Temporary-Employment.html

For more information on this press release visit: http://www.sbwire.com/press-releases/profitable-rulings-for-temporary-workers-248515.htm

Cologne, Germany -- (SBWIRE) -- 05/08/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explain: According to § 84 HGB, a commercial agent is an independent contractor whose permanent business is either to mediate business transactions for another business man or to conclude contracts on behalf of that person. That is why he is neither an employee nor an agent middle man (§ 93 HGB).

§ 86 HGB contains the primary obligation of a commercial agent. He is considered as a representative of the businessman (or principal) who enters in contracts with third parties on his behalf or mediates business transactions. He therefore acts as a sort of middleman. At the same time the commercial agent has to endeavour to carry out the businessman’s remit and to represent his interests. The most important element here is not to enter in as many contracts as possible, but to obtain suitable turnovers. Hence, the commercial agent also has to ascertain the financial soundness of a former costumer.

Once a business transaction or deal is concluded, the commercial agent must promptly fulfill his duty to provide the principal with all necessary information. For this purpose the parties also have the possibility to establish an information system. In addition, the commercial agent must observe the same standards of care as a businessman and guard the business secrets disclosed to him.

The businessman, for his part, has the possibility to ask the commercial agent for information about the state of things at any time. He also can provide the commercial agent with instructions and substantiate his duties to endeavour to carry out his remit. However, the businessman must provide the commercial agent with all that the agent reasonably needs to fulfill his duties.

A commercial agent who breaches one of his duties can potentially be exposed to a claim of damages of the businessman. Therefore, commercial agents should consult a lawyer in good time where claims may be raised against them.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en

For more information on this press release visit: http://www.sbwire.com/press-releases/a-commercial-agents-obligations-248026.htm

In some circumstances a commitment of partners in a partnership organised under the German Civil Law (GbR) binding the partners to the partnership for an overly long period may be inappropriate.

Cologne, NRW -- (SBWIRE) -- 05/07/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explain: The GbR is a partnership based on a partnership agreement in order to support a purpose jointly pursued by the partners. There are only a few mandatory legal requirements for the GbR and it is up to the partners to shape the company through its memorandum of partnership. However, commitments of partners by a memorandum of partnership of a GbR can also be invalid in some circumstances.

The Federal Court of Justice (BGH) ruled in the court decision dated 6 November 2012 (Ref. no.: II ZR 176/12) that a commitment of partners by a memorandum of partnership of a GbR binding the partners to the partnership for a long period of time (31 years in the case to be decided) may be inappropriate and therefore invalid. The GbR concerned was a closed-end fund and one of the investors wanted to leave. In the eyes of the BGH the long-term commitment of the partners led to an inappropriate limitation of the partner’s options for termination having regard to the German Civil Code (BGB).

As a consequence, a long-term commitment that restricts the personal and economic freedom of a partner of a GbR and that makes the existing risks of liability unmanageable may be invalid. This makes a deliberate decision in every single specific case necessary. Important indications may be the legitimate interests of the individual partner and the company, the nature and extent of the obligations arising from the participation in the company and the structure of the company.

There is always a risk when establishing a partnership organised under the German Civil Law, maybe even because there are only a few mandatory legal requirements. That is why it is so important to place the interests of a company even before its establishment in the hands of experienced lawyers.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/BGB-Gesellschaft-GbR.html

For more information on this press release visit: http://www.sbwire.com/press-releases/long-term-commitments-of-partners-in-a-gbr-may-be-invalid-247429.htm

The planning process would potentially be useless and a claim laid by the architect for remuneration could not be successful, if the specified budget framework is exceeded by the architect at a later date.

Cologne, NRW -- (SBWIRE) -- 05/03/2013 -- GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explain: An architect has to delimit the economic framework for a construction project and consider the budget plans of the client with regards to the basic evaluation. In a judgement dated 21 March 2013 (Ref.no.: VII ZR 230/11), the Federal Court of Justice declared that, within the framework of the basic evaluation, an architect has to delimit the economic framework for a construction project with the client and that the client’s budget plans for the planning of the construction project have to be considered.

The Court was asked to rule in a case in which a contractor had hired an architect to obtain the planning approval for a family home. The client claimed that the plan had become useless to him, as during the execution of the project the architect’s plan was not carried out. The architect objected to this, requesting payment of the fees for the planning work and filing an action.

If the architect does not disagree with the budget plans brought forward by the client, they should, in any case be able to determine the planning framework and even become part of the contract. Now the Federal Court of Justice stated that as early as during the basic evaluation process an architect is in principle obligated to delimit the economic framework for a project with the client and to consider the client’s budget plans.

An architect is faced with many responsibilities which not only apply with regard to technical issues, but also with regard to all obvious legal matters.

If there were doubts concerning the economic framework, the architect would have to inform the client about it. Even the budget plans of the client shall be binding when there is not a delimited cap on the construction costs, but rather approximate construction costs that have been determined and on the basis of which the economic framework is to be determined.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Real-Estate-and-Property-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/delimitation-of-budget-with-client-to-be-conducted-at-early-stage-of-planning-246449.htm

The European Court of Justice (ECJ) has decided that the general permission of resale of software also applies, if the licenses have been downloaded from the Internet.

Cologne, NRW -- (SBWIRE) -- 05/03/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explain: By its judgment delivered the third of July 2012 (C-128/11) the European Court of Justice (ECJ) has decided that resale of licences for second hand software is in general possible, even if the licences in question have been downloaded from the internet. The Federal Court of Justice, Germany, had made a reference to the Court of Justice in order to interpret the directive on the legal protection of computer programs.

Under that directive a copyright holder who has marketed a copy in the territory of a Member State of the EU loses the right to rely on his monopoly of exploitation in order to oppose the resale of that copy. In its judgment the ECJ explains that the principle of exhaustion of the distribution right applies not only where the copyright holder markets copies of his software on a material medium but also where he distributes them by means of downloads from his website.

In both cases the copy right holder sells the copy to the costumer, which involves a transfer of the right of ownership of the copy. In the opinion of the ECJ a restriction of the resale of copies downloaded from the internet is not necessary to safeguard the intellectual property concerned. However, the judgment of the ECJ is not a complete success for the sellers of used software: Dividing licenses and selling only parts of them is not authorized.

Whoever is quicker with his ideas than others, has always the preference right. However, these ideas are often adopted by others and imitated. Due to spreading "piracy" and the infringement of copyright the protection of intellectual property is becoming more important today than ever before.

If there have been violations of someone’s brand or someone has been reprimanded for a violation, this person should contact a copyright lawyer. He can provide a qualified and tailored advice and present all legal options.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Copyright-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/the-resale-of-second-hand-software-is-possible-245861.htm

Cologne, Germany -- (SBWIRE) -- 05/01/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explain: Such considerations appear to have emerged from the BGH judgment dated 7 February 2012 (Az.:1 StR 525/11). The BGH thereby reversed a judgment of a regional court due to an error of law in calculating a penalty.

In the case before the regional court, the defendant is said to have evaded taxes in an amount of several million euros. He was nevertheless subsequently convicted with a suspended sentence. The BGH had previously stated in a leading case that a suspended sentence could no longer be considered where evaded taxes amount to millions of euros. A suspended sentence is now only possible if certain mitigating circumstances exist that would justify such an assessment.

Following a legal appraisal of the particular case, the regional court came to the conclusion that there was a serious case of tax evasion. However, in the view of the BGH, the regional court’s penalty calculation exhibited drastic deficiencies. It continued to adhere to its previous jurisprudence, according to which a suspended sentence is only acceptable with regard to tax evasion on such a scale if substantial mitigating circumstances were to exist in favour of the defendant.

As these were not present in the instant case according to the view of the BGH, it referred the matter back to the regional court to be decided anew.

Nevertheless, it is advisable for parties concerned to seek out a lawyer active in the fields of commercial law and the criminal code for tax offences. Realisations in economic offence proceedings and economic offences arise more frequently and quickly than is generally supposed. Defendants in economic offence proceedings find themselves confronted with highly qualified specialist public prosecutors and economic crimes courts, which make it essential for their defence to have an appropriately trained lawyer.

A lawyer can provide you with reliable and qualified assistance. While handling your criminal defence, he can also furnish opinions pertaining to criminal law or give advice on criminal law compliance issues. Moreover, a lawyer can elucidate the jurisprudence of the supreme courts for you. All in all, a lawyer can prepare the highly complicated criminal proceedings in a way that is understandable for you, so that all opportunities remain open to you with respect to the subsequent criminal proceedings.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en

For more information on this press release visit: http://www.sbwire.com/press-releases/bgh-tightening-of-jurisprudence-on-criminal-code-for-tax-offences-244765.htm

Minor breaches of a restraint on competition on the part of the commercial agent do not present the businessman with a good cause for dismissal without notice.

Cologne, NRW -- (SBWIRE) -- 04/29/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg and Essen http://www.grprainer.com/en explain: This is taken from the judgment of the Federal Court of Justice (BGH) dated 10 November 2010 (Az: VIII ZR 327/09). In the view of the BGH, a contractual agreement, according to which a commercial agent’s breach of competition law entitles the businessman to instant dismissal, does not inevitably have to give rise to an admissible dismissal. In fact, a dismissal of a commercial agent is probably not admissible where it merely concerns minor anti-competitive violations in addition to there having been no prior written warning.

However, the BGH continued to assert that the parties are in principle free to contractually regulate the circumstances for the requirements of a good cause. Thus, grounds for dismissal could also occasionally be included in the commercial agency agreement, which restrict an otherwise necessary test of reasonableness. Nonetheless, it always depends on an examination on a case-by-case basis, as well as the interpretation of the commercial agency agreement.

Furthermore, the BGH stated that there exists a particularity in the law of commercial agency regarding the limitation of rights to extraordinary termination, as the commercial agent can simultaneously lose his claim to compensation because of this.

The law on distribution comprises an abundance of regulations which concern the distribution of goods and services. Distribution occurs primarily between businessmen and commercial agents as well as appointed dealers, but also between franchisors and franchisees.

In order to encompass the law of distribution in its entirety, various legal norms have to be taken into consideration. Thus, the regulations on the law of distribution are not only in the Civil Code (BGB) and Commercial Code (HGB), but rather the relevant provisions e.g. of competition law, cartel law and international law must also be taken into account. An experienced lawyer is necessary in most cases in order to cope with this.

Such a lawyer can assume the task of preparing commercial agency and appointed dealer agreements, general terms and conditions and franchise agreements. Thus, a lawyer versed in the law of distribution can be of assistance in judicially and extrajudicially enforcing damages claims.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Distribution-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/bgh-dismissal-of-a-commercial-agent-without-notice-243923.htm

If a post-death power of attorney is granted by a testator, this is likely to expire, if the authorised person is the sole heir.

Cologne, NRW -- (SBWIRE) -- 04/26/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com explains: In its decision dated 10 January 2013, the Hamm Higher Regional Court (OLG) ruled (Az.: 15 W 79/12) that the post-death power of attorney granted by a testator expires if the authorised person is the sole heir.

In the instant case, the Land Registry Office rejected a submission of the husband of the testatrix to transfer ownership. The wife, who died in 2011, had granted her husband a notarised full power of attorney, which was supposed to remain effective even after her death and was thus a post-death power of attorney. After the death of his wife, the authorised husband wanted to vacate a plot of land and give it away to the cousin of his wife, who was also established in a private will of the testatrix as a legatee. Yet the private will alone, which the husband had moreover disclosed as heir, did not satisfy the requirements of the Land Registration Code according to the Land Registry Office.

The husband subsequently lodged a complaint with the land register, which was, apparently unsuccessful. In its ruling, the OLG confirmed that the evidence adduced by the husband must comply with the requirements of the Land Registration Code and the evidence provided by him was not sufficient.

An appeal by the husband with reference to the power of attorney granted was dropped, as the principal and the authorised person must be different persons according to the provisions on representation. The OLG explained that the power of attorney would thus expire if the authorised person is the sole heir. For this reason, the husband must verify his status as heir with his certificate of inheritance in order to be able to carry out the desired transfer of ownership, since he could not present a publicly notarised testamentary disposition.

In addition to legal questions on the law of inheritance, inheritance almost always concerns emotions and internal family sensitivities. Where disputes emerge, legal counsel should be obtained in case of doubt.

About GRP Rainer, LLP
GRP Rainer LLP, http://grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com

For more information on this press release visit: http://www.sbwire.com/press-releases/expiry-of-a-post-death-power-of-attorney-in-the-case-of-a-sole-heir-243018.htm

The jurisdiction for the enforcement of claims may depend on whether a choice of forum agreement was reached between the parties.

Cologne, NRW -- (SBWIRE) -- 04/25/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explain: Particularly in the case of international commercial agreements within the EU, the question of jurisdiction is frequently raised. Thus, the Court of Justice of the European Union (CJEU) had to address this very question recently regarding jurisdiction in the context of supply chains. In its judgment of 7 February 2013 (Az.: C-543/10), it ruled that in answering this question it was of decisive importance whether a clause to that effect had been approved by all participating parties.

The basis of the Court’s decision was an EU supply chain through which a property complex in France was renovated. Compressors were therefore required, which included cooling units from Italy. These were in turn delivered by two intermediaries from Italy and accordingly sold to the renovation firm in France.

When faults subsequently manifested in the cooling units, the Italian manufacturing firm of the cooling units was seemingly sued on the basis of a transferred right to damages by the renovation firm’s insurer based in France. The location was apparently a French court.

The Italian manufacturing firm of the cooling units disputed the jurisdiction of the French court by invoking a choice of forum agreement reached with the manufacturing firm of the compressors in favour of an Italian court.

The CJEU consequently had to settle the question of whether a subsequent purchaser within an EU supply chain has to face a choice of forum agreement. In doing so, the judges came to the conclusion that this can only be the case if the subsequent purchaser has approved this clause. It should be ensured in accordance with EU law that the choice of forum agreement in principle only affects the relationship between the parties which have approved it. Thus, in the view of the judges, this can in principle only be effective vis-à-vis third parties where there is explicit acceptance of the clause.

Businesses that conclude commercial agreements within the EU should heed this judgment of the CJEU. Where there are uncertainties regarding international agreements, a lawyer should help.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Business-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/possible-problems-concerning-choice-of-forum-agreements-in-european-supply-chains-242415.htm

The Federal Court of Justice (BGH), with its decision of 25 March 2004 (I ZR 205/01), is reported to have clarified the characteristic of "carelessness" of a freight carrier.

Cologne, NRW -- (SBWIRE) -- 04/25/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explains: The measures concerning limitations of liability provided for in a shipping contract may not apply under certain circumstances, provided that the damage incurred has been intentionally or carelessly caused and in the knowledge that such damage could occur.

In the case before the BGH, the claimant brought claims against a freight forwarding company for the loss of the commodities that were to be transported. The commodities should have been delivered by a third party contractor of the transporting company. However, in the course of the various transport routes, the property is said to have gone missing and it can no longer be determined where this occurred.

According to the opinion of the BGH, "carelessness" as defined by the Commercial Code first of all requires a very serious breach of duties. Such a breach has occurred inter alia, if the freight carrier blatantly disregards the contractual partner’s security interests.

The equally necessary requirement for awareness of the occurrence of possible damage would not, according to the view of the BGH, be fulfilled merely by the presence of the characteristic of carelessness. Moreover, the content and circumstances of this careless behaviour are to be considered. In particular, the principles derived from experiences and the typical course of events should be taken into account.

In the present case, the Court took these principles for granted. Thus, the BGH commented that if the company organisation of the freight carrier does not consistently provide for the control of incoming and outgoing goods when handling the freight, the allegation of "carelessness" is ultimately justified.

Transport law is becoming increasingly important due to consistently increasing transportation numbers. A challenge that transport law faces is that it already consists in abundance of relevant statutory provisions, which in addition to national standards and agreements also include international provisions. It is therefore advisable to obtain expert legal advice from a lawyer immediately when and - if possible - even before difficulties arise.

GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Transportation-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/federal-court-of-justice-reported-to-have-clarified-the-characteristic-of-carelessness-in-transport-law-241825.htm

A commercial agent has various duties to fulfil pursuant to the provisions of the Commercial Code (HGB)

Cologne, NRW -- (SBWIRE) -- 04/24/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explain: § 84 HGB defines commercial agent as anyone who as an independent trader has continuing authority to mediate transactions for another businessman or conclude them in that person’s name. He is faced with the duty to both endeavour to solicit this mediation or such a deal, as well as communications and the duty to furnish information in addition to other duties.

Within the scope of the duty to endeavour provided in the HGB, the commercial agent is to be considered a representative of the businessman who must endeavour to carry out his remit. At the same time, this duty to endeavour is accordingly his principal duty such that it is not enough for him to comply with it merely incidentally. The crucial element here is not that the commercial agent facilitates as many mediations or deals as possible, but rather that he obtains suitable turnovers. The businessman, who can hence be regarded as the principal, can substantiate the commercial agent’s duties to endeavour to that effect by providing him with instructions. The commercial agent is ultimately obliged to preserve the interests of the businessman.

If the commercial agent mediates a deal or concludes a business transaction, he must promptly inform the businessman of this. In particular, he must account for the particulars of the mediation or the deal. This means that the commercial agent may be faced with additional duties within his duties to communicate and furnish information, namely the duty to be accountable. Additionally, the businessman can demand information about the state of things at any time.

The other duties of the commercial agent include, among other things, that he must observe the same standards of care as a businessman or preserve the business secrets disclosed to him, even if it might not ultimately lead to the conclusion of an agreement.

The legal consequence, in particular with respect to a breach of a duty of care, can potentially be a claim for damages of the businessman against the commercial agents. Commercial agents should consult a lawyer in good time where claims may be raised against them.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Commercial-Agency-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/the-legal-duties-of-the-commercial-agent-can-be-multifaceted-240767.htm

If an employee is posted to a subsidiary company abroad for years, there may be variations in the arrangement of his professional expenses.

Cologne, NRW -- (SBWIRE) -- 04/23/2013 -- GRP Rainer Lawyer and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explain: With global and international businesses, it is highly likely that employees will be active at a subsidiary company abroad within the framework of their employment relationship. It is not uncommon for the primary residence in the home country to be retained.

The question thus arises in these cases as to what extent the maintenance of the foreign residence and the travel costs incurred can be claimed as professional expenses.

In its judgment of 14 January 2013, the Düsseldorf Finance Court had to deal with such a case. The claimant was initially posted for altogether six years, to a foreign subsidiary company of a German parent group. The entire family subsequently moved abroad, yet the primary residence in Germany was retained. The claimant initiated professional expenses claims for the rental expenditure pertaining to the foreign residence and for journeys between this and the foreign workplace.

The claim was dismissed by the Düsseldorf Finance Court because in the view of the judges, the point of reference for this decision was the duration of the employee’s post abroad. In the instant case, this stretched to six years. Thus, the foreign place of work could not be considered to be temporary, but rather a regular workplace.

According to the opinion of the Court, the centre of the claimant’s life was his work abroad. The maintenance of a residence in Germany could not therefore be considered from the perspective of maintaining a second household as an article of professional expenses. The Court did not therefore view the rental expenditure for the German residence as being tax deductible.

For the same reasons, the Court did not share the view of the claimant regarding the travel expenditure claimed and granted him merely the enforcement of the typical commuter’s allowance.

If a work-related placement abroad is imminent, one should carefully consider whether the additional maintenance of a residence in Germany is beneficial. A lawyer can advise on this topic.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Tax-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/aggravated-assertion-of-professional-expenses-with-regard-to-a-lasting-place-of-work-abroad-241254.htm

As a matter of principle, an architect has to delimit the economic framework for a construction project and consider the budget plans of the client with regards to the basic evaluation.

Cologne, NRW -- (SBWIRE) -- 04/19/2013 -- GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explain: In a judgement dated 21 March 2013 (Ref.no.: VII ZR 230/11), the Federal Court of Justice declared that, within the framework of the basic evaluation, an architect has to delimit the economic framework for a construction project with the client and that the client’s budget plans for the planning of the construction project have to be considered. If the specified budget framework is exceeded by the architect at a later date, the planning process would potentially be useless and a claim laid by the architect for remuneration could not be successful.

The Court was asked to rule in a case in which a contractor had hired an architect to obtain the planning approval for a family home. During the execution of the project, however, the architect’s plan was not carried out. The client claimed, therefore, that the plan had become useless to him. The architect objected to this, requesting payment of the fees for the planning work and filing an action.

Now the Federal Court of Justice stated that as early as during the basic evaluation process an architect is in principle obligated to delimit the economic framework for a project with the client and to consider the client’s budget plans. If the architect does not disagree with the budget plans brought forward by the client, they should, in any case be able to determine the planning framework and even become part of the contract.

Even the budget plans of the client shall be binding when there is not a delimited cap on the construction costs, but rather approximate construction costs that have been determined and on the basis of which the economic framework is to be determined. If there were doubts concerning the economic framework, the architect would have to inform the client about it.

An architect is faced with many responsibilities which not only apply with regard to technical issues, but also with regard to all obvious legal matters.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Real-Estate-and-Property-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/architect-has-to-delimit-the-budget-with-the-client-at-early-stage-of-planning-239992.htm

It has emerged from a judgment of the European Court of Justice (ECJ) dated 7 March 2013 (file no. C-607/11) that television broadcasters can probably ban the dissemination of their broadcasts via live streaming.

Cologne, NRW -- (SBWIRE) -- 04/18/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London http://www.grprainer.com/en explains: The ECJ based its view on the fact that this case deals with a communication to the public of protected works. However, such a communication requires the permission of the creator. This would even apply if the users were in possession of a television license which entitles them to receive the broadcasts via television.

In the case before the ECJ, several television broadcasters sued a company that operates a live streaming service. The television broadcasters were of the opinion that their copyrights pertaining to their broadcasts were being violated by the company. In a preliminary ruling, the case was then presented to the ECJ.

The ECJ has now ruled that the dissemination of television programs via live streaming shall not be possible without the creator&aposs consent. If a production is subject to repeated use, each retransmission of a production shall have to be discussed in advance with the creators. The creator would thus also potentially be able to prohibit a retransmission via live streaming.

A lawyer can advise on all matters relating to the issue of copyright. In copyright law, there is often the question of who is actually the creator of a production, because in copyright law there is - unlike with patent and trademark issues - no public register which could reveal the ownership of a work.

There are various fields of law which are inseparably associated with copyright, for example music law, film law, publishing law and press law. Therefore, it is advisable to contact a lawyer who is proficient in these areas and can make the important logical connections.

But even if it has already come to copyright infringements, the persons concerned should consult a lawyer that has expertise in the field of copyright. If copyrights have been infringed, a lawyer can help with the legal enforcement of compensation claims.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Copyright-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/ecj-live-streaming-only-possible-to-a-limited-extent-239335.htm

Architect’s liabilities arising from non-disclosureIf an architect knows that a contractual penalty was agreed in the building contract, he has to instruct his client about its retention at the time of acceptance.

Cologne, NRW -- (SBWIRE) -- 04/18/2013 -- GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explains: The Bremen Higher Regional Court ruled in its decision dated 6 December 2012 (Ref. no.: 3 U 16/11) that it may number among an architect’s responsibilities to inform his client that they have to reserve a contractual penalty provided for in the contract with the builder at the moment of formal acceptance of construction work in order to be able to ultimately enforce this.

In the present case, the architect who was lately engaged had signed an architect’s agreement with the claimant, in which the supervision and monitoring of the contractual object were also agreed upon. The claimant thereafter concluded a construction contract with a builder, which appeared to set a contractual penalty for the eventuality of the timeframes as laid out in the contract being exceeded. The construction was significantly delayed and the architect also apparently informed the builder about the deviation from the timeframes contractually agreed upon, as well as the impending contractual penalty.

After concluding formal acceptance, seemingly without having been instructed about the right to withhold the contractual penalty, the client’s claim laid against the builder. The client subsequently held the architect liable for this. The Court agreed with the claimant’s point of view that the architect should have instructed his client that the final acceptance of construction work would have to be subject to withholding of a contractual penalty.

The responsibilities of an architect include informing the clients in advance that at the moment of formal acceptance the withholding of a contractual penalty has to be declared to the construction company, in order to avoid omitting this unintentionally. The case may only be different if the client already has sufficient experience with these issues, or if a consultation to this effect is clearly being carried out by another party.

An architect is faced with many responsibilities with regard to all obvious legal matters. It would be best for architects to consult a lawyer in order to avoid infringing responsibilities.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Construction-Law.html

For more information on this press release visit: http://www.sbwire.com/press-releases/architects-liabilities-arising-from-non-disclosure-238767.htm

In its ruling of 7 December 2012 (AZ: 6 K 1736/10), the Rhineland-Palatinate Finance Court ruled that filing an action by e-mail may also be permissible without a qualified electronic signature.

Cologne, NRW -- (SBWIRE) -- 04/16/2013 -- GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London http://www.grprainer.com/en explain: The claimants desired that various expenses be taken into account for tax purposes. When the tax office did not comply with this desire, they initially lodged the necessary appeal, yet it was dismissed by the tax office as unfounded. In the information on available legal remedies, it was pointed out to them, among other things, that the claim was to be submitted in writing to the Court. According to the law, written form can in principle be replaced with electronic form, yet this requires a qualified electronic signature as defined by the German Digital Signature Act.

The claimants submitted their action by e-mail without the required signature. In this regard, the Court stated that the correct form had not been observed and the action was therefore inadmissible. This was not, however, apparent to a layman from the information on available remedies, since an express reference to the necessary signature was not included.

The claimants were informed that the action was not properly raised. The claimants thereafter submitted the action again with their signatures by fax. The Court argued that this was indeed the correct form, yet this was not done within the period prescribed. In comparable cases, the limitation period for filing an action often amounted to a month. The newly submitted action was thus also not per say admissible.

However, the Finance Court likely took the possibility of restitutio in integrum for granted, since the claimants would have re-submitted an action in valid form within a few days which could be viewed as an application within the period prescribed for restitutio in integrum. Moreover, it pointed to the possibility granted by the Rhineland-Palatinate Financial Authority in similar appeals to lodge an objection by e-mail, which gave the impression to a layman that filing an action by e-mail is equally admissible.

From this case it becomes clear that in order to obviate problems, a lawyer should always be obtained.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Litigation.html

For more information on this press release visit: http://www.sbwire.com/press-releases/formal-requirements-for-filing-an-action-must-be-strictly-observed-238191.htm

An overly long commitment of partners in a partnership organised under the German Civil Law (GbR) that arises out of the memorandum of partnership of the GbR, can be inappropriate in some circumstances.

Cologne, NRW -- (SBWIRE) -- 04/16/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explain: The Federal Court of Justice (BGH) ruled in the court decision dated 6 November 2012 (Ref. no.: II ZR 176/12) that a commitment of partners by a memorandum of partnership of a GbR binding the partners to the partnership for a longer period of time may be inappropriate in some circumstances.

A long-term commitment of the partners to the partnership could lead to a limitation of the partner’s options for termination, which would hence be invalid. Should the memorandum of partnership determine the commitment of the partners to the company, this should be manageable time-wise and should not inappropriately restrict the personal and economic freedom of the partner.

The question of how the timeframes of a commitment of the partners within a company are defined has to be decided on a case-by-case basis. For the assessment process, in addition to the legitimate interests of the individual partner, the structure of the company, the nature and extent of the obligations arising from the participation in the company, as well as the interest in the long-term existence of the company deriving from its purposes shall also be considered.

The partnership organised under the German Civil Law, also known as BGB-Gesellschaft, is the most basic form of a partnership. There are therefore only a few mandatory legal requirements for the BGB-Gesellschaft and it is up to the partners to shape the company through its memorandum of partnership.

Thus, the memorandum of partnership, for example, is not bound to any specific form and many GbR provisions are not obligatory. It is in this flexibility that, on the one hand, there is an incentive, but on the other hand also the risk when establishing a partnership organised under the German Civil Law, since many opportunities also pose many risks. That is why it is so important to place the interests of a company even before its establishment in the hands of experienced lawyers.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/BGB-Gesellschaft-GbR.html

For more information on this press release visit: http://www.sbwire.com/press-releases/a-long-term-commitment-of-partners-in-a-partnership-gbr-may-be-inappropriate-237807.htm

A business can potentially be acting anti-competitively if the notice of included sales tax only becomes visible after clicking on the button “shipping and payment options”.

Cologne, NRW -- (SBWIRE) -- 04/15/2013 -- GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explain: With its ruling of 3 July 2012 (17 O 76/12), the Bochum Regional Court (LG) decided that the notice of the sales tax of an article offered online under the tab “shipping and payment options” did not fulfil the legal requirements. The notice of the sales tax only becomes visible if the tab is clicked on, so the offer can be retrieved without the notice becoming visible. Consequently, the order transaction can also be initiated without the notice becoming visible.

According to the Regulation on the Marking of Prices (Preisangabenverordnung), it must be pointed out with respect to commercial purchase offers for end consumers that the price includes sales tax. A direct spatial connection is not necessary, but it must be possible in particular for the indication to be unambiguously attributed to the offer, as well as easy to recognise, clearly legible and also otherwise sufficiently noticeable. Most importantly, the notice must be necessarily retrieved before the order transaction is initiated.

Accordingly, if a business only makes the notice of sales tax visible on a website after the button “shipping and payment options” has been clicked on, then the notice does not fulfil the requirements according to the Regulation on the Marking of Prices and the business is acting anti-competitively.

The right to proceed against a competition violation is anchored in the UWG. A business may be entitled to a direct right to sue in a multitude of cases. The businesses affected by unfair competition can have injunctive relief as well as an action for restitution of the profit acquired by unfair competition vis-à-vis the competing business. Furthermore, claims for damages could exist.

A lawyer active in the field of competition law can comprehensively examine the circumstances of a case and rapidly enforce possible claims. In order to effectively protect against unfair competition, a speedy approach is absolutely necessary.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Unfair-Competition.html

For more information on this press release visit: http://www.sbwire.com/press-releases/notice-of-included-sales-tax-may-not-be-sufficient-236678.htm