interviews certified lawyer Hagen Hild

Publication date: 06/03/2013

37427 times read
 :: 21237 Votes interviews on February 27, 2013 certified lawyer Hagen Hild about the topic: “Kabel BW:  is a price adjustment clause in the Terms and conditions legally effective?”.

Category: General Terms Law, Industrial Property Protection, intern, Interviews, Telecommunication law, Unfair Competition Law, Price Quotation, Economy + Labour & Taxes

Telecom Handel interviews certified lawyer Julian N. Modi LL.M.

Publication date: 17/12/2013

24529 times read
 :: 18012 Votes  

Telecom Handel interviews certified lawyer Julian N. Modi LL.M. from – Law Firm Hild & Colleagues about the individual points of distribution networks focused on the telecom industry.

Category: intern, Interviews, Economy + Labour & Taxes

Satirical site concerning own employer is not a reason for dismissal

Publication date: 08/02/2011

15984 times read
 :: 10190 Votes  

Judgement of LAG München (Higher Labour Court Munich) of 26/08/2010, file number: 4 Sa 227/10

Provided that an employee creates a satire site based on the basic division of the former website of his employer and whose origin can only be identified by insiders, an extraordinary dismissal is not allowed. Even with remarkable audacity, lack of design imagination and lack of awareness of potential risks of defamation during the creation of the satire, this is principally protected by the freedom of expression. Although insiders may indicate the describing and supposed conditions as an offence against the employer, this does not carry any repercussion....

Category: Internet Law, Labour Law, Entscheidungen

Excessive private emailing justifies extraordinary dismissal

Publication date: 23/07/2010

25774 times read
 :: 10623 Votes  

Judgement of LAG Niedersachsen (Higher Labour Court Niedersachsen) of 31/05/2010, file number: 12 Sa 875/09

When an employee reads and writes private e-mails during the working hours and over a longer period – on several days even in such a time frame that it could suggest that no time is left for the job completion –, this excessive private emailing justifies an extraordinary dismissal without previous warning.

Category: Labour Law, Internet Law, Entscheidungen

Relevance of the anti-trust law for the middle class

Publication date: 08/03/2010

18727 times read
 :: 10023 Votes  

The European Anti-trust Law which has widely adapted to the German one, serves the protection of the genuine competition and the prevention of restraints of trade. The subject of protection is no other as the end user who profits, e.g., from a huge number of suppliers at the market and whom the cartel-illegal method damages, e.g., standardised high prices of the industrial giants on the basis of confidential agreements.

Category: Anti-Trust Law, Article, Economy + Labour & Taxes

No loan in the Savings Bank cash point for Direct Bank customers

Publication date: 14/12/2009

19605 times read
 :: 11779 Votes  

Press release No. 36/2009 of LG München I (Regional Court Munich I) dated 11/12/2009, file number: 9 HK O 9435/09

Savings banks may refuse the drawing of money from a cash point using a credit card of a direct bank. Since a local savings bank has no leading position in the nationwide bank business, it does not act unfairly towards the direct banks.

Category: Anti-Trust Law, Consumer Law, Unfair Competition Law, Economy + Labour & Taxes, Press Releases, Entscheidungen

Modernisation of the Patent Act goes into effect on October 1, 2009

Publication date: 30/09/2009

61240 times read
 :: 29799 Votes  

Press release of the BMJ (Federal Ministry of Justice) of 30/09/2009

The Patent Act should become easier and more modern for the employee’s invention through changes on the registration, on the system of appeal and on the procedure. We have already reported in May about the decision of the German Parliament due to the law draught to the simplification and modernisation of the Patent Law. The changes enter into force on October 1, 2009.

Category: Patent Law, Labour Law, Press Releases, Entscheidungen

Erased files on hard disk enough for dismissal on grounds of suspicion

Publication date: 20/07/2009

20585 times read
 :: 9768 Votes  

Judgement of LAG Rheinland-Pfalz (Higher Labour Court Rheinland-Pfalz) of 26/03/2009, file number: 2 Sa 776/08

Erased files on the hard disks of a private PC, which allegorise a hint of the realisation of criminal action, can justify a dismissal on grounds of suspicion. Besides, it does not depend on the shutoff of the criminal procedure or the remission of a penalty order. In this case, only the suspicion of the perpetration of a possible serious criminal offence comprises an extraordinary dismissal.

Category: Labour Law, Internet Law, Entscheidungen

Private e-mails at work

Publication date: 10/07/2009

17070 times read
 :: 10481 Votes  

Judgement LAG Köln (Higher Labour Court Cologne) of 15/12/2003, file number: 2 Sa 816/03

If there are no clear company rules about the private use of the firm computer, a dismissal regularly needs of the previous warning letter, even if during the working hours an important number of private e-mails are written.

Category: Internet Law, Economy + Labour & Taxes, Labour Law

From 1 July 2009, new base rate slashes to 0.12%

Publication date: 01/07/2009

26233 times read
 :: 17740 Votes  

News release of the German Central Bank of 30/06/2009

The new base rate from July 1st, 2009 until December 31st, 2009 amounts only 0.12%. The base rate amounted 1.62 % until June 30th, 2009. The new base rate reaches the deepest stand since beginning of the fixing of a base rate in 1948 (known as discount rate until 1999). As new default interest towards consumers 5.12 percent can be now asserted, among entrepreneurs 8.12 percent.

Category: Procedural Law, Procedural Law / Costs, Consumer Law, Economy + Labour & Taxes, intern

Child-pornographic files cause removal from the office

Publication date: 29/06/2009

189561 times read
 :: 22205 Votes  

Judgement of VG Göttingen (Administrative Court Goettingen) of 12/05/2009, file number: 5 A 4/07

If a professor stores and loads images and video files with child-pornographic content on his official PC, this shows such a serious disciplinary offence that it leads to the removal from the office. The access to such files by a professor leads, from the point of view of an impartial and considerate third, to a final and entire loss of the respect as a teacher and model.

Category: Internet Law, Labour Law, Internet Penal Law, IT Law, Entscheidungen

Liability in case of cash card misuse

Publication date: 18/06/2009

20340 times read
 :: 13850 Votes  

Judgement of AG Frankfurt/Main (Local Court Frankfurt /Main) of 26/05/2009, file number: 30 C 2223/08-45

In case of the cash card misuse, a bank is not allowed to appeal because of  the circumstantial evidence if it restricts its customer the possibility to upset this (here: Destruction of the confiscated cash card, non-publication of the video recording of the offender)....

Category: Liability, Consumer Law, Economy + Labour & Taxes, Entscheidungen

Trade union advertising by e-mail

Publication date: 11/02/2009

24776 times read
 :: 16956 Votes  

Judgement of BAG (Labour Court) of 20/01/2009, file number: 1 AZR 515/08

A rate-responsible trade union is allowed to send advertisement and information to employees to their official e-mail address, even if the employer has prohibited its private use.

Category: Telecommunication law, Economy + Labour & Taxes, Labour Law, Internet Law, IT Law, Press Releases, Entscheidungen

Jactitation suit by unauthorised committed actions

Publication date: 11/02/2009

14370 times read
 :: 9421 Votes  

Judgement of BGH (Federal Supreme Court) of 18/12/2008, file number: IX ZR 124/08

The proceeding of the creditor for the removal of a contradiction of the debtor against the registration of a demand per se due to a deliberately committed tortious act is not bound to the observance of a claim limitation....

Category: Economy + Labour & Taxes, Labour Law, Entscheidungen

Car depreciation by purchase and sale within one year is tax deductible

Publication date: 16/06/2008

14238 times read
 :: 9798 Votes  

Judgement of BFH (Federal Finance Court) of 22/04/2008, file number: IX R 29/06

The disposal of a used car within one year after acquisition is taxable according to § 23 paragraph 1 clause 1 No. 2 EStG (Income Tax Act). The law registers, differently than former versions of the Income Tax Act, all assets in the private fortune. In this case, a used car is, as a physical object, a thing and there an asset.

Category: Tax Law, Consumer Law :: Law Firm Hild & Colleagues :: Konrad-Adenauer-Allee 55 :: 86150 Augsburg ::::
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