NEWS
The action by stages in distribution law
I. General Information about the action by stages The action by stages according to § 254 ZPO has got an enormous importance in the distribution law, especially in the law of commercial agency. Typical altercations include for instance the commission payment claims...
LAG Schleswig-Holstein: CEO employment contract can be cancelled orally
Unless it is otherwise agreed in the contract, according to the LAG Schleswig-Holstein, a general manager employment relationship can also be terminated orally. The court rejected the claim of a former managing director, who wanted to continue to receive his...
OVG: Lüneburg Wolfsburg doesn’t have to prohibit VW from doing business
A citizen of Potsdam has applied to the city of Wolfsburg to take legal action against VW due to the diesel scandal. He justified this by the fact that the responsible persons of VW have prohibited commercial law as well as the need for a ban of commercial activities...
The necessity for a translation of the documents for service in the European Union
If a judicial or extrajudicial document needs to be transmitted in a civil oder commercial matter from an EU member state to another EU member state, the EU Regulation (Regulation (EG) Nr. 1393/2007 of the European Parliament and of the Council of the 13th November...
When do you need a lawyer in Hungary?
There are cases, where it is not possible to avoid engaging a lawyer, who is licensed in Hungary. In other cases, the hiring of a lawyer is not mandatory, but highly advisable. Where you need a lawyer in Hungary? in front of the district court, the higher regional...
Baden-Württemberg is preparing to file a lawsuit against Volkswagen
Baden-Württemberg will probably be the first federal state, which raises a lawsuit against the VW Group. Although VW produce their cars in the state (Neckarsulm), the state government wants so sue VW for damages. The accusation according to the state government:...
European Court of Justice: Hungary cannot cancel EU-citizen’s rights of use for cultivation areas
On January 1st 2013 a Hungarian law came into force, that only allows EU-citizens to get rights of use for cultivation areas, if they are a “close relative” to the owner. For the past 20 years, ownership could only be acquired by Hungarian citizens, so the owners are...
Rights against car dealers and manufacturers due to the emissions scandal
In the United States the involved group has been reimbursing customers who were affected by the diesel emissions scandal. In Germany however, customers who drive a manipulated diesel-car only rarely raise a claim against the car dealers or manufacturers. Yet, they are...
Exclusive purchase obligation for more than 8 years contract term in sales terms allowed
Suppliers and customers agree - if it is not merely a one-off purchase - often framework supply contracts uniformly regulate the basic issues of a long-term business relationship (especially concerning the type and quality of products and their prices, including...
Franchisee compensation claim analogous to § 89b HGB (German Commercial Code)
As of early 2018, it is unclear whether franchisees can claim equalization rights in accordance with § 89b HGB. The assumption of compensation claims is likely to leave little room after the court decisions of the past few years. Thus, in the case of an "anonymous...
Distribution systems vs. data protection
The EU General Data Protection Regulation is on everyone's mind. This also applies to distribution systems, but in particular to franchise systems. It is already foreseeable that the General Data Protection Regulation will increase the sensitivity of data protection...
Real estate acquisition in Hungary
The acquisition of real estate by EU-citizens and citizens of the European Economic Area (EEA) is an important market in Hungary, and is possible to do with a few restrictions. But which restrictions do still apply? EU-citizens can purchase non-agricultural real...
Cheap and Easy “Mass Production” of Companies?
We observe a massive growth or spreading of new “consulting firms” without any legal qualifications listed for their work, many of which offer cheap and problem-free services for establishing and setting up a company in Germany. The description of services mostly...
How to establish your company in Germany
Intro Germany is the heart and soul of the European economy, its very core. Here businesses of any kind, any size, are able to quickly flourish and establish themselves in the European market, thanks not only to a great geographical location (Germany sits right in the...
Decision of the German Federal Court: Damages are possible even with a valid Foreign Currency Loan
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 contract is...
Supreme Court of Slovenia: If the Risk Assessment is Deficient, the CHF Loan is Invalid
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 phrased –...
Antitrust, especially e-commerce
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 highly...
Personal liability of the managing directors in the insolvency of a German “GmbH”, also applies to the German “AG”
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 supplier is...