Dağıtım Hukukunda Kademeli Dava: Stufenklage

I. General remarks on staged actions The staged action under section 254 of the German Code of Civil Procedure (ZPO) is of considerable practical importance in distribution law, particularly in commercial agency law. Typical disputes concern, for example, possible claims of the commercial agent for further commission payments. In order to quantify such claims, certain […]
ABAD: Devlet Tarafından Zorunlu Kılınan Forinte Çevirme Durumunda Bile Döviz Kuru Riskinden Kaynaklanan Haksızlık İncelenmelidir

Despite the state-mandated conversion into forints, the national court must examine whether the bank acted unfairly when, in a foreign-currency loan agreement, it shifted the entire exchange-rate risk onto the consumer. For years, we have emphasised that the practice of the Hungarian courts, inspired by the Curia, under which they repeatedly ruled in favour of […]
Avrupa Birliği’nde Tebligat Amacıyla Belgelerin Tercüme Edilmesi Gerekliliği

Where a judicial or extrajudicial document in a civil or commercial matter is to be transmitted from one EU Member State to another for the purpose of service, the EU Service Regulation applies (“Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member […]
Genel Müdürün Sözleşmesi Sözlü Olarak da Feshedilebilir

According to the Schleswig-Holstein Regional Labour Court (LAG Schleswig-Holstein), unless otherwise provided by contract, the managing director’s employment contract may also be terminated orally. The court dismissed the claim brought by a former managing director seeking payment of further remuneration. According to the judgment, the employment relationship no longer existed at that time. Although no […]
Schleswig-Holstein Eyalet İş Mahkemesi: Genel Müdürün Hizmet Sözleşmesi Sözlü Olarak da Sona Erdirilebilir

Unless otherwise agreed contractually, the Schleswig-Holstein Regional Labour Court has held that a managing director’s service relationship may also be terminated orally. It dismissed the claim brought by a former managing director who sought continued remuneration. According to the court’s latest judgment, however, the service relationship no longer existed. There was no written termination agreement; […]
Celle Yüksek Eyalet Mahkemesi: IŞİD’e Üye Kazandırmaktan Ceza Verilmedi

The Regional Court of Celle found a 23-year-old guilty of recruiting members for the terrorist organisation ISIS. Nevertheless, it imposed no penalty, as the requirements for imposing a youth sentence were not currently met. Although the defendant displayed harmful tendencies, it could not be established that these tendencies made a penalty necessary. The offender was […]
Avrupa Birliği Adalet Divanı: Macaristan, AB Vatandaşlarının Tarım Arazileri Üzerindeki İntifa Haklarını İptal Edemez

Since 1 January 2013, a law has been in force in Hungary under which usufruct rights over agricultural land may be granted to EU citizens only if they are “close relatives” of the owner. Since, for 20 years, ownership rights could be acquired only by Hungarian nationals, the owners are generally Hungarian citizens. In addition, […]
İtalya’da Ölümle Sonuçlanan Trafik Kazalarında Yüz Binlerce Avroya Ulaşabilen Tazminat

As a result of intensive negotiations with the insurer Inter-Europa SA, our firm succeeded in obtaining compensation / non-material damages in the range of several hundred thousand euros for the relatives of a Hungarian citizen who died in a road traffic accident in Italy. We consider the success of our negotiations to lie in the […]
Macaristan’da Ne Zaman Bir Avukata İhtiyaç Duyarsınız?

There are situations in which the involvement of a lawyer admitted in Hungary cannot be avoided. In other cases, instructing a lawyer may not be mandatory, but is highly advisable. 1. Where is legal representation mandatory in Hungary? • Lawyer in Hungary: before the regional courts, courts of appeal and the Supreme Court With very […]
Alıcılar, “Emisyon Skandalı”yla İlgili Olarak Üreticilere ve Bayilere Karşı Hangi Haklara Sahip Olabilir?

In the United States, the corporate groups involved in the manipulation have already paid compensation to customers affected by the diesel scandal. In Europe, by contrast, purchasers who drive a manipulated diesel vehicle only rarely assert claims against the manufacturer or dealer. However, claims may be brought on several legal grounds. Do you also drive […]