ReleaseWire

Fitti Guard is a smart and attentive companion watch that not only helps users stay fit but also safeguards them from environmental hazards.  Fitti Guard guards against excessive radioactivity levels, heightened UV radiation and air quality fluctuations with reactive sensors that send an instant message to the user, alerting him or her of potential problems.   Now, the creator of Fitti Guard has launched a Kickstarter campaign to raise funds for the production and distribution of this unique device.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explain: It seems like the Federal Court of Justice (BGH) gave a judgment on the question which length is appropriate for a commitment of partners by a memorandum of partnership of a GbR which is binding for the partners (Ref. no.: II ZR 176/12).

Usenet was created nearly thirty years ago as a network hosting a library of binary newsgroups, into which individuals posted articles with binary attachments that were rich in content. Until recently, just as individuals required an internet service provider, they would need a Usenet provider to access the network, as well as a specialized software called Newsreader. GetNZB has launched to provide an all in one solution to Usenet accessibility that overthrows this outmoded system.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg and Essen grprainer.com/en explain: This is taken from the judgment of the Federal Court of Justice (BGH) dated 10 November 2010 (Az: VIII ZR 327/09). In the view of the BGH, a contractual agreement, according to which a commercial agent’s breach of competition law entitles the businessman to instant dismissal, does not inevitably have to give rise to an admissible dismissal. In fact, a dismissal of a commercial agent is probably not admissible where it merely concerns minor anti-competitive violations in addition to there having been no prior written warning.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com explains: In its decision dated 10 January 2013, the Hamm Higher Regional Court (OLG) ruled (Az.: 15 W 79/12) that the post-death power of attorney granted by a testator expires if the authorised person is the sole heir.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London grprainer.com/en explain: Particularly in the case of international commercial agreements within the EU, the question of jurisdiction is frequently raised. Thus, the Court of Justice of the European Union (CJEU) had to address this very question recently regarding jurisdiction in the context of supply chains. In its judgment of 7 February 2013 (Az.: C-543/10), it ruled that in answering this question it was of decisive importance whether a clause to that effect had been approved by all participating parties.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explains: The measures concerning limitations of liability provided for in a shipping contract may not apply under certain circumstances, provided that the damage incurred has been intentionally or carelessly caused and in the knowledge that such damage could occur.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London grprainer.com/en explain: § 84 HGB defines commercial agent as anyone who as an independent trader has continuing authority to mediate transactions for another businessman or conclude them in that person’s name. He is faced with the duty to both endeavour to solicit this mediation or such a deal, as well as communications and the duty to furnish information in addition to other duties.

GRP Rainer Lawyer and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explain: With global and international businesses, it is highly likely that employees will be active at a subsidiary company abroad within the framework of their employment relationship. It is not uncommon for the primary residence in the home country to be retained.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: In a judgement dated 21 March 2013 (Ref.no.: VII ZR 230/11), the Federal Court of Justice declared that, within the framework of the basic evaluation, an architect has to delimit the economic framework for a construction project with the client and that the client’s budget plans for the planning of the construction project have to be considered. If the specified budget framework is exceeded by the architect at a later date, the planning process would potentially be useless and a claim laid by the architect for remuneration could not be successful.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explains: The ECJ based its view on the fact that this case deals with a communication to the public of protected works. However, such a communication requires the permission of the creator. This would even apply if the users were in possession of a television license which entitles them to receive the broadcasts via television.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explains: The Bremen Higher Regional Court ruled in its decision dated 6 December 2012 (Ref. no.: 3 U 16/11) that it may number among an architect’s responsibilities to inform his client that they have to reserve a contractual penalty provided for in the contract with the builder at the moment of formal acceptance of construction work in order to be able to ultimately enforce this.

Marketing is one of the most important things in the present times. It is because of the fact that it provides people with many short and long term benefits which are hard to achieve otherwise. Due to day to day increasing financial problems, it has become rather difficult for people to make large amounts of money which they can lavishly use in their everyday lives. Therefore, online marketing has gained a lot of significance due to the fact that it enables people to make money in the added bonus of being in the convenience of their homes. This method has almost worked for countless individuals in different parts across the globe and allows them to earn money swiftly without having to struggle too much or waste any of their precious time.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explain: The claimants desired that various expenses be taken into account for tax purposes. When the tax office did not comply with this desire, they initially lodged the necessary appeal, yet it was dismissed by the tax office as unfounded. In the information on available legal remedies, it was pointed out to them, among other things, that the claim was to be submitted in writing to the Court. According to the law, written form can in principle be replaced with electronic form, yet this requires a qualified electronic signature as defined by the German Digital Signature Act.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explain: The Federal Court of Justice (BGH) ruled in the court decision dated 6 November 2012 (Ref. no.: II ZR 176/12) that a commitment of partners by a memorandum of partnership of a GbR binding the partners to the partnership for a longer period of time may be inappropriate in some circumstances.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explain: With its ruling of 3 July 2012 (17 O 76/12), the Bochum Regional Court (LG) decided that the notice of the sales tax of an article offered online under the tab “shipping and payment options” did not fulfil the legal requirements. The notice of the sales tax only becomes visible if the tab is clicked on, so the offer can be retrieved without the notice becoming visible. Consequently, the order transaction can also be initiated without the notice becoming visible.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explain: It is fundamental in the context of property acquisition to distinguish whether real estate is being acquired entirely new or was already in the partnership’s possession.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London grprainer.com/en explain: This emerged from several rulings pronounced by the BAG on 13 March 2013 (Az. 5 AZR 954/11). In the cases before the BAG, several temporary workers sued for supplementary compensation to their wage. The temporary workers concerned were paid by one and the same employers’ association. A few of them received a wage for their work during their employment which only amounted to just under half of what the permanent employees received for the same work.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: In proceedings before the Federal Court of Justice (BGH), which concluded with a judgment on 21 November 2012 (Az. XII ZR 48/11), the claimant desired information concerning her husband’s assets on account of the determination of alimony and the equalisation of accrued gains. Before the marriage ceremony, both spouses had agreed in a prenuptial agreement on the separation of property. Moreover, they had excluded post-marital subsistence as well as the adjustment of pension rights and included a severability clause in the agreement.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explain: In its judgment of 7 March 2013 (Az.: C-607/11), the European Court of Justice (ECJ) ruled that broadcasters ought to be able to prohibit the retransmission of their programmes through live streaming over the internet. In the view of the ECJ, retransmission potentially concerns a communication to the public of protected works which require the permission of the creator. The permission of the creator is particularly important even if the persons using the live streaming service possess a TV license which also allows them to watch the programmes on the television.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Essen, Nuremberg, Bremen and London grprainer.com/en explains: At the beginning, it is important to find out whether the persons entitled to compulsory portions in the respective cases are able to assert claims for compulsory portions or claims for their supplementation at all. These claims should in principle be directed towards the value of interests in a partnership such as civil-law partnerships, general or limited partnerships, or sole trader businesses, from whose succession the persons entitled to a compulsory portion are wholly or partially excluded.

A co-heir entitled to a compulsory portion can have a right to inspect the land register due to the possible transfer of properties before the death of the testator.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg, London www.grprainer.com/en explain: It is generally recognised that contractual freedom also applies to shareholders. Occasionally, provisions in memoranda of association can be fully permissible, which would not, for example, be the case in the articles of association of a stock corporation (AG).

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London grprainer.com/en explain: In its judgment of 13 December 2012 (VI R 51/11, DB0581148), the Federal Finance Court of Germany clarified a few matters with respect to the 1%- rule in appraising an advantage from the private use of a company car.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: Enforcement order procedures are also considered legal proceedings. They should facilitate the simply and fast enforcement of claims. The enforcement order procedure should make it possible to enforce claims for money without raising a legal action. Accordingly, an enforcement order is issued at the end instead of a judgment being pronounced. Moreover, the costs are overall lower than they can be in a normal civil procedure with the submission of a legal action.

If the condition of the item purchased deviates not insignificantly from its specified condition, then the purchaser can assert extensive rights.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: Prior to the marriage ceremony, couples should consider executing a prenuptial agreement. The prenuptial agreement is advantageous for both spouses, since the pre-emptive regulation of issues which from experience are often more difficult to resolve in the event of a dispute creates legal certainty for all spouses.