Business Law

Admonishment Trap: Standard Terms and Conditions are Mandatory!

2009-02-03T13:54:21+01:00

Admonishment Trap: Standard Terms and Conditions are Mandatory!

Two courts recently decided that companies selling online can be admonished if they do not inform a consumer, when a contract is closed (LG Dresden of January 4, 2008, re 4 HK O 433/07EV; LG Leipzig of December 28, 2007, re 06 HK O 4379/07).

Following §1 I no. 4 BGB InfoVO, the consumer is to be instructed on when a contract will be final. Often eBay or online merchants have a clause in their STC: “Our offers are subject to confirmation. (Unsere Angebote sind freibleibend). A contract will be closed only when delivery has been initiated or expressly confirmed in text.“

Adverts with Net Prices even to B2B Inappropriate When Open to B2C

2011-02-27T18:19:48+01:00

Adverts with Net Prices even to B2B Inappropriate When Open to B2C

Until recently, there was a lot of discussion going on about a business which is actually only B2B, but where consumers can also purchase. The BGH gave clarity to this query on April 29, 2010 (re I ZR 99/08).

Baits of the Agency for Labor to Create Jobs

2008-11-06T23:23:45+01:00

Baits of the Agency for Labor to Create Jobs

DFrom grants for new jobs to short-time allowances, Labor Agencies promise to have a lot of funds for employers – liquidity of the municipality’s budget provided. The SGB III rules these measures. In the following, you will a primer on the very most common and relevant measures. Details, downloads, and relevant forms can be found at www.Arbeitsagentur.de/ – only in German, online translation engine needed?

Business Coaching – State Subsidies

2008-11-07T22:36:37+01:00

Business Coaching – State Subsidies

Many self-employed persons or companies operate so intensively that strategic planning often comes up short. In such a situation many businesses rely on external consultants who can be partially financed with state subsidies. This article will explore the general prerequisites and amounts of subsidies. The two funding institutions, BAFA and KfW, have reorganized state funding as of July 2008.

Calling to Advertise

2008-11-06T23:24:17+01:00

Calling to Advertise

Can you admonish and demand forbearance when somebody calls you to double check the data of your free entry in a search engine. The BGH answers this question in its judgment of September 20, 2007 (re I ZR 88/05).

Club's President Liable in Spite of Exoneration?

2010-04-06T14:57:52+02:00

Club's President Liable in Spite of Exoneration?

As usual during an annual general assembly of any association the board is audited and exonerated from any mistakes. But is this still true when afterwards inconsistencies are discovered that might deprive the organization of its charitable status? The Brandenburg OLG made a decision in this issue on May 28, 2008 (re 7 U 178/07).

Commercial Agent's Claim for Compensatory Adjustment in Newly Established Company

2012-09-10T14:09:45+02:00

Commercial Agent's Claim for Compensatory Adjustment in Newly Established Company

Pursuant to §89b(1) cl. 1 HGB, a commercial agent can make a claim for compensatory against a business after the termination of the contractual relationship in connection with new customers he has solicited. On October 26, 2011 October (re VIII ZR 222/10) BGH had an opportunity to address the concept of "new customers."

Company Information on the Internet Starting 2007

2008-11-07T22:37:52+01:00

Company Information on the Internet Starting 2007

Good news for all of you, who need information on a corporation. The Companies’ Registry is going online. Latest with January 1, 2007, all company details subject to public disclosure are to be available online at the web-address www.Unternehmensregister.de and www.handelsregister.de.

Company Name: Letter Combination May Be Registered

2009-05-12T16:48:00+02:00

Company Name: Letter Combination May Be Registered

Following §18 HGB, the company's name must be distinct and be able to differentiate the businessperson(s) or business(es) one from another. A GmbH & Co. KG came up with the idea of using an abbreviation without spelling out the letters. The Federal Court of Justice was petitioned to force the Commercial Registry to permit letter strings without any word characteristics as a trade name and passed its decision on August 12, 2008 (re II ZB 46/07).

Companys Name Does not Violate Trademark

2009-04-08T07:40:57+02:00

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Company's Name Does not Violate Trademark

Brands such as "Xerox" and "Tempo" are often a major part of the assets of a company. This is why companies are anxious to ensure that their successful brands against misuse by third parties. The ECJ however, has restricted this protection for trademark holders on November 11, 2007 (re C-17/06).