Federal Constitutional Court overrules Federal Labour Court

Even after a three-year inter­ruption of the employment relation­ship, temporary appointments are only per­missible if there is a material reason for them. …  MORE

Author: Justus Leddin

Transport law / general civil law / international enforcement law

HAMBURG HANSEATIC HIGHER REGIONAL COURT 13/07/2016 (6 U 152/11) HANDS DOWN FURTHER JUDGEMENT: Russian court rulings are not re­cog­nised or enforceable in Germany as reciprocity cannot be guaranteed MORE

Changes in the law regarding
people with disabilities

Opportunities for voluntary disabled persons representatives in companies and agencies are being gradually improved with the Federal Act on the Integration of People with Disabilities [Bundesteilhabe­gesetz] as from 30/12/2016 … MORE

Reporting at the workplace
despite incapacity for work?

According to a judgement handed down by the Federal Labour Court dated 02/11/2016 - 10 AZR 596/15, press release no. 59/16, an employee who is prevented from working due to incapacity for work as a result of illness is not obligated to go to the workplace on the employer’s instruction in order to participate in a discussion to clarify further employment options … MORE

Changes to managing
directors’ liability

BOARD OF DIRECTORS’ LIABILITY (Section 93 AktG [German Stock Corporation Act]): In its judgement dated 12/10/2016, the Federal Court of Justice raised the requirements for a public limited company’s board member to become liable, however, it increased the liability … MORE

Cosmetic repairs

COMMERCIAL TENANCY LAW: In March 2015, the Federal Court of Justice for residential tenancy law decided that the standard passing on of the ob­li­ga­tion to carry out ongoing cosmetic repairs was invalid if the tenant was pro­vided the residence in an unrenovated condition or in a condition that re­quired renovation and the tenant received no compensation therefor … MORE

European distribution rights law

COMPENSATION CLAIMS (Section 89b HGB [German Commercial Law]): One of the most important points of dispute when it comes to distribution rights is the extent to which authorised dealers or franchisees can demand compensation for customers gained when ending the contractual relationship in the same way as a commercial agent can …  MORE






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