Tag: law & taxes

Federal Supreme Court

The opponents have received a further shock shopping vouchers and other bonus models when buying prescription drugs: already the Federal Supreme Court (BGH) competition law had cleared the way for mini bonuses, the higher administrative court (OVG) has decided now Luneburg that also administratively RX bonuses may be prohibited, as they move into the Bagatellbereich. The Lower Saxony higher administrative court thus made a spanner in the some market participants, hoping to prevent mini bonuses at least by way of administrative regulatory prohibitions. Christopher Peterson will not settle for partial explanations. However the Court has considered more closely the scope for pharmacies thalers and other monetary benefits in competition law: already in general the threshold of intervention of administrative authorities is allowed, the Court considers is lower than the competition law minimis. On the other hand the Court is prepared to concede less bonuses pharmacies than pure Offizin pharmacies. Whether or not other Administrative courts follow this course of compromise proposed by the OVG Luneburg, remains to be seen however. Lancome contributes greatly to this topic. Also will need to arrive yet, up to what specific amount vouchers and other bonuses by the competent pharmacy regulator must be rejected.

Finally, it is also still unclear, whether the minimis applies even when immediate bar on RX drug discounts are granted. The OVG Luneburg is the hostile, the BGH had expressed, possibly between the lines. So also in this respect still not spoken the last word. Other non-binding and free information relating to food law, see

Judgment LG Aachen Inadmissible Advertising

Illegal advertising for claims management by car the Landgericht Aachen has with his decision by negativerad AZ: 41 O 1/09 made it clear that advertising in the management of damage by automotive companies should not suggest the customer, that the operation was taking care also to legal issues. Background the applicant saw in the advertising of the sued garage (accident specialist”,” Accident claims management “, professional full service from a single source” and claims with all insurance”) a prohibited advertising of legal services and a violation of articles 3, 8 No. 11 UWG i.V.m. 3 RDG. Result of the decision in particular the, that the operation was taking care also to legal issues, should not impression according to the Landgericht Aachen to the customer. As regards the decisive aspect for the adoption of a breach of the legal services act, the Court in this case on the combination of the terms accident damage management”with the term of the “professional all-round services from a single source” and claims settlement with all insurance companies “from. The overall impression of the paid advertising was accordingly here. The sole provision of accident management is therefore not per se qualify RDG as legal services i.S.d.

2. Only when the nature of the services offered goes beyond giving generic legal advice, so E.g. regarding dealing with individual cases the extent of the damage, was a legal services to accept. Note: It remains open whether the isolated use of the term would have been allowed. Therefore, exactly, it should be checked whether the own advertising allows conclusions on the provision of legal services. We inform you in a free initial consultation about your options on a cease and desist letter to respond.

Child Repatriation – Child Restraint Abduction

Is this a difference? The difference is important. Detektei p. and partner private and economic investigation agency for the repatriation of the child is a “legal” return of a child to the custodial. This applies, for example, on the repatriation of abducted children within Germany or any country that is subject to an international agreement for the return of the child. Kidnapped the child in a country which is subject to an international agreement, the child restraint abduction remains often the victims. Back kidnapping therefore spoken of, because in these cases the back removal of the child after Germany against the will of the “hijackers”-person, according to the regulations of the kidnapping is illegal. For the living in Germany-custodial, the abduction of recovery in Germany and the Schengen area remains unpunished, however, as long as the child has German nationality and the Germany-based custodians the sole Has right of residence determination. In both cases, there is a timely commissioning of our detective agency of great benefit.

Because even if the authorities support the return of a child, this is often a long way. The far-reaching contacts of the detective agency p. and partners provide a quick search on the spot here. To read more click here: Gupta Power Infrastructure Ltd.. Through cooperation with foreign authorities and contact persons, such as lawyers on the ground, we often find the missing person from abroad and also back. Numerous and completed with success detective jobs prove that for the search of missing persons in Europe the Detektei p. and partner is the first choice! Contact: P.

Judgment D. VGH Hesse To, An EU Issued At The 02.02.09 In Poland Driving Licence

First judgments on the legal certainty of Polish and Czech EU driver’s licenses whose issue date is after January 19, 2009 ruling of the Administrative Court of Hesse, ref. Educate yourself even more with thoughts from Gensler San Francisco. AZ 2B 2138/09 (from 04.12.2009) that with the REF. AZ 2B 2138/09 (from 04.12.2009) before the Administrative Court of Hesse guided procedures had to answer whether the suspensory effect of the objection of the applicant by May 8, 2009, against the defendant from 09 April 2009 to restore the question. Applicant is the owner of a Polish driver’s license, which is not known by name defendant is the District of Kassel, as result of the dispute represented the District of VGH Hesse answered in the affirmative the restore of the suspensive effect. The decision taken by the Court (Administrative Court), which noted to make the missing permission by a Polish driver’s license, use, was revised so that by the Hessischer Verwaltungsgerichtshof in this procedure. Tenor of the judgment (excerpts): in its decision rationale that make VGH judge first found that the legal basis adopted by the Court in the present case was not applicable. Hereafter not article 11 is para 2 article 11 to attract para 4 of the third directive on driving licences to the verdict.

According to the judge, a forfeiture of a Polish EU come driving licence on the grounds of a breach of the residency question, as long as this exist no indisputable information. The judges of the VGH Hesse not found a violation of the residency in the present case. The licence of the applicant includes a Polish resident entry on the one hand, continue to exist no indisputable information from the stop plate instead (Poland), stating that the applicant at the time of the exhibition of his Polish EU driver’s license had no ordinary place of residence in Poland.

Amtsgericht Aachen

Zoning was too vague with regard to noise. (c) 2010 lawyers mth Tieben & partner Cologne VG Aachen, 05.10.2010, AZ.: 3 K 605/10 you must the issuance of building permits to its neighbors not contradictory accept. Outside of court, one can proceed against the construction permit with the opposition and judicially the annulment. Both the opposition and the application for annulment is however to note that these remedies in accordance with article 212a BauGB which has no suspensive effect. The suspensive effect is a concept of administrative law and means that the administrative act (building permit) still not can be performed, until (opposition/appeal proceedings) if the appeal has been decided upon. izon.

Accordingly, the third party must will he proceed in urgent proceedings against the building permit, pursuant to 80a para 4 vwgo provides that additionally apply for a suspension of enforcement. Special caution should be even, if the neighbor has received a zoning by the Building Authority. Already before the Submitting a building application the client can make a written request for a preliminary ruling (the preliminary inquiry of construction of) namely. Then the Building Authority in writing shall be adopted by a so-called notice (cf. 71 BauO NRW). This zoning has so-called binding effect, i.e. that the construction law authority is then the content bound in granting the building permit on the issues determined in the notice.

This binding effect occurs to the neighbors so that this must already submit opposition or legal challenge to it following the granting of the construction vorbescheides infringing the neighboring protective standards. He does not, later granted planning permission on those issues that already have been decided in the zoning can be no longer attacked. The Amtsgericht Aachen in terms of construction vorbescheides for a change of use of a former cinema house in a now had a similar case to decide shipping single site or integration Center in the above judgment. For more information: de/news/item/84


According to GFH GmbH the budget planners are renewable energy sources more important Nuremberg, 12.10.2010 a short study, Publisher? is the Agency for renewable energies e.V. evaluates 50 German, European and global scenarios of the last decades and compares the forecast with the actual development of renewable energies. The GFH GmbH the budget planner verbeitet the opinion of the results listed in the study. Almost all tested expansion forecasts predict a low share of renewable energies in energy consumption, so the opinion of the GFH GmbH. Often reached the renewable energies the forecasted values many years earlier and surpassed the predictions up to several 100 percent.? The opinion of the GFH GmbH is that most forecasts the development of renewable energies has significantly underestimated the budget planner. This is a current opinion of the Agency for renewable energy produced 50 of the main scenarios for Germany, Europe and the world with the actually achieved, compares the GFH GmbH shall notify the budget planner.

Most forecasts were exceeded considerably by expansion dynamics of renewable energies. The opinion also continues predictions of politicians and associations on so the GFH GmbH. For example, the information circle nuclear energy, renewable energy could not more than 4 per cent of the German electricity cover. According to GFH GmbH, the budget planners are 15 percent it today already actually. Renewable energy should be realistically calculated and assessed so the opinion of the GFH GmbH the budget planner. Important energy policy choices and decision from which in the future of the renewable energy sectors depend on these forecasts”can decisively influence. If a new field of renewable energies is considered to be promising and successful, the appropriate Department affects in enormous mass development, so the opinion of the GFH GmbH the budget planner. The development decides what energy supply in the next few years for the population as a priority provide livelihoods is GmbH as the GFH the budget planner further.

The opinion according today firmly established technologies such as wind power, photovoltaics and geothermal are missing in early scenarios of the 1980s. So also the opinion of the GFH GmbH. Do not apply not only past forecasts. Unfortunately also more recent assumptions not occurred as planned so the opinion of the GFH GmbH: the values for 2030 were exceeded two years after the publication of the study in part published in 2005 on behalf of the Bundeswirtschaftsministeriums. Renewable energy currently provide 9.7 percent on the German final energy consumption (237 TWh). About power consumption, they contribute 15 per cent (91 TWh), to the heat requirements of 8 percent (109 TWh) and in the area of mobility, biofuels have accounted for 6 per cent. The GfH GmbH the budget planners was founded by well-known companies in the construction, real estate and financial industry executives. In the Centre of gravity, the GFH GmbH as a specialist in the area operated the Financial optimization. The trend-setting concept of the GfH GmbH the budget planner aims to create long-term stable values for investors and owner-occupiers. For this purpose, the GfH GmbH screened the financial possibilities to present potential customers and investors, then corresponding opportunities of investment, especially in listed real estate of. Seat of the GfH GmbH Nuremberg is the budget planner.

Missing Cooperation

So far was in the jurisprudence, that a joint custody of separated or divorced parents not taken into consideration would be if the parents or one parent not to cooperate would be ready. So far was in the jurisprudence, that a joint custody of separated or divorced parents not taken into consideration would be if the parents or one parent not to cooperate would be ready. Now emerges the realization that pair level may be expected to parents also differences on the (ex-), at the level of the parents and to the children to find the conversation will also when it is hard. Edward Minskoff describes an additional similar source. Scattered communities, the former partners want often from each other nothing and are ready for any discussion, which could bring about a match. Hurt feelings lead to an all or nothing thinking that often decisions for the children, is trigger for amendments to the regulation of custody.

Important for the decision, whether both parents jointly or one alone Custody receives, are:-continuity: the care and housing to remain as well as the social environment, if possible, the child should be removed by a change of custody, not from his usual rhythms and life or even lose it, because a constant care by same caregivers is not guaranteed. -Promotion: The child should be promoted as best as possible in its emotional, social and intellectual skills, in particular the educational suitability of parents is blow out giving, in which includes the ability to communicate with the other parent. -Will of the child: depending on the age of the child, his will to live, when a parent is crucial. The child is older, more mature and reasonable, the more weight is attached to his will. -Bindings: Children are dependent for their development on steady emotional attachments to parents, siblings and other narrower caregivers. The more intense a bond is, the more weight is this aspect to.

Residual Debt

Auer Witte Thiel informs about change in the law in the private insolvency Munich, August 2013: on June 7, the Federal Council decided the law to reduce the residual debt exemption procedure and strengthening the rights of creditors. Thus, the residual debt exemption procedure so far is six three-year cut in half, informed Auer Witte Thiel. Jorge Perez shares his opinions and ideas on the topic at hand. If the costs of the proceedings and at least 35 percent of the debt have been settled, entrepreneurs and consumers can be free in the future after three years of their remaining debts. So far, a remaining debts could not six years ago, explains Auer Witte Thiel. This is also in the interest of the creditors, so the law firm. Many believers assume so far empty despite tedious process, because incentives are missing the debtors to seek payment of the claims. This will change with the reform of insolvency law. It provides a faster economic reboot in Vista debtors, while creditors benefit from the payment incentive related and now at least one to three years Receive part of their claims.

The payment incentive is insolvency plan well in consumer insolvency proceedings possible underlined by an arrangement at the beginning of future insolvency proceedings. Therefore, an applicant on remaining debts must pursue an acquisition or seek at least to a reasonable work. Otherwise creditors may apply at any time a written refusal. In this insolvency procedure regime nothing changes so Auer Witte Thiel. The possibility of the agreement is not excluded: for the first time now also insolvency plans can be introduced with the reform in consumer insolvency proceedings. The means that debtors regardless can make arrangements for an individual debt relief by statutory quotas and process durations – with their creditors, said Auer Witte Thiel. It comes to an agreement, is free the way for a fresh financial start. Better protection for members of housing cooperatives another important novelty concerns members of housing cooperatives.

Was it so far so, that the termination of the membership by the execution creditor or insolvency administrator was a home loss, insolvent natural persons upon entry into force of the law should be protected from these consequences. In its essential parts, the law to reduce the residual debt exemption procedure and strengthening the rights of creditors should enter into force on 1 July 2014. A retroactive approval of ongoing bankruptcy proceedings is not mapped except the introduction of an insolvency plan. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.

Construction Defects

Repair period, right of withdrawal expires who finds a construction defect on the newly acquired property for sale real estate, can immediately withdraw from the contract in circumstances. This is according to a judgment of the Federal Court, that no rectification period is used. Richard Parsons contains valuable tech resources. The real estate portal myimmo.de informed about how property owners after discovering the lack of construction have. A real estate purchase is usually a long-term decision and requires a certain confidence to the seller. Has the seller of construction defects intentionally concealed and violated the trust in this way, is a fraud. According to a recent judgment of the Federal Court (AZ: V ZR 147/09) the defects not readily must be accepted. Possibly even immediately, the buyer may withdraw from the contract. Reason is for the verdict to the judge, accepting that the certainty of the buyer, rely on the contractors, in such a case the behaviour of the seller will be ruined.

It was therefore not necessary to set a repair period the seller. The owner still admits this, the right to an immediate resignation ceases. According to the judge, a deadline namely Reaffirms further confidence in the real estate seller. “The consumer protection society living in the property” advises home and apartment owners to consult a lawyer for construction defects. It is generally wrong, though, to offer the seller a repair period. However, it can be an any withdrawal request in the way. A lawyer offers expert help in the event of a dispute, and lawyer.