News | NZP NAGY LEGAL

Decision of the German Federal Court: Damages are possible even with a valid Foreign Currency Loan

by Peter Taller | 15, Mar 2018 | News

News The German Federal Court (BGH – Bundesgerichtshof) has just published the written decision of its judgment from 12.09.2017. According to the BGH, an inquiry from a debtor regarding an action for damages in a foreign currency can’t be set aside even if the...

Supreme Court of Slovenia: If the Risk Assessment is Deficient, the CHF Loan is Invalid

by Peter Taller | 31, Jan 2018 | News

News In most cases (where the aggrieved party has suffered damages resulting from a foreign currency loan) the Hungarian courts declare only partial invalidity of the agreement. Another problem is that referring to some – very unprofessionally and ambivalently...

Antitrust, especially e-commerce

by Peter Taller | 8, Jan 2018 | News

News A general prohibition against dealers from selectively distributing through use price comparison machines was determined void because it was classified as antitrust-violating. As far as “franchise systems” qualify as “selective distribution systems,” this is...

Personal liability of the managing directors in the insolvency of a German “GmbH”, also applies to the German “AG”

by Peter Taller | 6, Jan 2018 | News

compensation In any insolvency proceedings with its German customer, a supplier or creditor always face the problem that they must accept a discount claim that varies from case to case and must be satisfied with a quota on a regular basis. The liabilities of the...

Franchise vs. Terms under German law

by Peter Taller | 4, Jan 2018 | News

News For the purpose of a uniform distribution system, and equal treatment of franchisees, franchisor companies generally use uniform franchise agreements, which contain general terms and conditions as defined in § 305 (1) sentence 1 BGB. Since these terms have not...

Court Of Appeal: Directors Generally Not Liable For The Company’s Debts

by Ralph Reinhardt | 20, Dec 2017 | News

nzp In a landmark case, our Dr. Peter Taller successfully defended Board Members of a cooperative company against a lawsuit brought by the shareholders. The Court of Appeal in Budapest (Fővárosi Ítélőtábla) sided with Dr. Taller and held that as a matter of general...