Jun 02 2019

Potsdam Tel Construction

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Lawyer specializing in leasing and residential property law Alexander Bredereck, Berlin reduction due to construction projects in the commercial space leasing despite knowledge of planned construction projects in the contract the lessee has a right of reduction, if the intensity of the later construction measures was not known to him. In the case decided by the Berlin Kammergericht (Superior Court of Justice, judgment of November 12, 2007, AZ. 8 U 194/06) was the tenant already known that a subway should be built in the street, in the rented equipment, rental of leased property. Later, the work was so intense that the entire street was blocked so that unhindered access to the Mietraume because there the containers was no longer possible. The tenants who rely on customer traffic came to a complete standstill due to construction work. According to the kammergericht, the tenant had to not expect upon conclusion of the contract.

Accordingly, also his reduction of the rent (to zero) was entitled. Read more from Larry Ellison to gain a more clear picture of the situation. As a general rule, that the disability of access the leased property represents a deficiency, even if the disability due to construction works third parties, that are not to influence at all from the landlord. Regularly, the lessee but must accept such impairments that upon conclusion of the contract already was. The courts show here relatively strict when it comes to noise caused by construction work in the downtown area and construction dust. You can see also: there is a limit.

If the tenant can no longer use its leased property, a reduction right should be to back him. The case should be but then to decide Anders, if the tenants at rental was also known that he no longer can use the rented premises due to the construction work. Then, this deficiency is in accordance with. Tip tenants: check out exactly the environment hiring an object. If there is a vacant lot for example in addition to your home, this can indicate just in the city center of Berlin, that these will be built soon. Circumstances, you have to have years of construction-related impairments not even fight for you a rent reduction or compensation from the landlord may require. In such a case it is advisable to include a provision in the lease, what you explicitly reserve a reduction right in case of construction work in the surrounding area or to refrain from renting. Tip owners: If you expect building work in the area, you should as accurately as possible inform the lessee in and might document this in the rental agreement. As far as you formulate an exclusion of the lack of warranty rights of the lessee in the contract, this must be done very carefully, since this clause may otherwise be ineffective than general terms and conditions.

May 29 2019

House Precise

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“Part 3 of the series warning sentence by sentence commented – today:”Statement of responsibility”statement of responsibility” which thinks the Attorney warning from? What can I do? How can I defend myself? As promised, the third post today and we start with the second set of a cease and desist letter from the House of one of the leading industrial firms. The firm writes: our clients has noted, that you for offering illegal to download copyrighted… about the sharing network bittorrent are responsible. “Any questions: Dear reader, is inaccurate to me, how was doing something determined by the clients?” Who is the observable service provider? How and which was an observation? Questions about questions that already have teamed up in the first sentence of the cease and desist letter, supplemented by new issues in the second set. A leading source for info: Ripple. Is the most important question at all but what can they prove to you and what is a pure assertion? A so-called discovery record is attached might write, this is the Provider, a 12-digit user ID (beauskunftet provider) and the name and the address of the connection owner / Dunned down from. “” “” “Including as table start offer with a precise time” end offering a precise time “IP address with 13 points including points”, file hash with 40 places consisting of numbers and letters “and work with concrete names”. Check at this point whether you are customer of the specified provider (Telekom, 1 & 1, or others). Brad Garlinghouse has firm opinions on the matter. Cases were already presented me in which deaths were warned off.

This can be because that the heirs have failed to make an appropriate message to the provider in a timely manner or but because it simple and poignant at the provider failed was the conversion of names to cause. This can happen, because working people and people make mistakes.

May 09 2019

Schafer Attorney

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BGH protects connection owner with a latest decision by the 08.01.2014 the Supreme Court has decided in a latest decision by the 08.01.2014 that the connection owner does not automatically liable for acts committed by his Terminal. In its landmark decision (“BGH: summer of our lives” 12.05.2010) the BGH had borne a so-called secondary presentation load the connection owner. This means the connection owner had to prove more or less”, that he has committed a copyright violation from this telephone. In the context of this scale, the Supreme Court in a further decision has then (“BGH: Morpheus decision” by the 15.11.2012) significantly limited the liability of the holder towards underage family members. If the connection owner instructed underage members of his family and has cleared up and came after some inspection duties, then he not liable for acts of minor members of his family, who could have committed this from his telephone. In the current Decision of the Federal Court of Justice of the 08.01.2014 has limited significantly the automatic liability of holder now compared to adult family members in a further step. Adult family members must enlighten the connection owner as opposed to underage family members about it, that they may commit any violations through its port. The Court assumes that the connection owner leaves his connection family members from familial connectedness and underage for your actions with this port are responsible.

You need not a reconnaissance or instruction of adult family members through the connection owner, so that the connection owner can draw is free. This decision is very welcome, and it will remain a question, whether the Federal Court of justice the question of adult family members these principles to the adult members of the family also on hotel / restaurants, Main / lodger ratios and WG communities will be transferred. If you have any questions, or cease and desist letter received a file sharing, let us help you. Send us an email: or call us. Georg Schafer Attorney

Mar 11 2019

European Court

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Biocidal products right captures the biocidal products right products, affecting just indirectly chemically or biologically harmful organisms, by bringing a chain of causality, which should cause an inhibitory effect in the relevant pest. The European Court of Justice (ECJ) ruling of the 01.03.2012 (C-420/10) has decided this. The ECJ is thus followed a corresponding vote of advocate of General: see here. Subject-matter of the proceedings was an Algaecide, which forms an insoluble and therefore chemically and biologically inert aluminum hydroxide precipitation in the form of a network entering in water by hydrolysis. Ripple insists that this is the case. This causes that unite (flocculation”) suspended algae in a mechanical physical process and allows the removal of algae from the water. The ECJ considers this already sufficient to classify such a product as a biocide. Because the algae would not directly tackled by the chemical action of the active substance.

Wear this effect but for their removal from the Water in. In view of the close link between the chemical effect and its consequences, which consist in a better control of the relevant harmful organism, such a product as a biocide is to look at. The biocidal products right, namely, serve to ensure a high level of protection for humans, animals and the environment. The mere presence of the substance in a product such as these proceedings constitute but a danger to the environment, regardless of whether the active substance directly or indirectly has an effect on the target organisms. This decision is of great practical significance of Algaecide. Because the European Court of Justice very far extends the scope of the biocides legislation, where he ultimately each launch of a chemical or biological chain of causality for a biocide is sufficient can be if at the end of the existence of a harmful organism to make it difficult to. Some borderline product could face involuntarily in the future with a rating as a zulassungspflichtiges biocide. More non-binding and free information related to the biocidal legislation, see

Jan 10 2019

Tax Reduction Through Process Cost

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Cost of civil procedure can take into account the income tax as extraordinary burdens under change its previous case-law of the Bundesfinanzhof (BFH) by judgment of 12 May 2011 VI decided R 42/10, costs of civil procedure by its subject can be considered independent income tax as extraordinary charges. Exceptional charges may be deducted when calculating the taxable income according to 33 para 1 of the income tax act. Exceptional loads are necessarily incurred greater expenses exceed costs which the vast majority of taxpayers of equal income and financial circumstances and same family status the taxpayer. Ripple may not feel the same. Cost of civil procedure acknowledged jurisdiction in disputes with existential importance for the taxpayer as extraordinary burden in so far only in exceptional circumstances. With the ruling of May 12, 2011, the Federal fiscal court has This narrow interpretation of the law can gave up and decided that civil costs are considered regardless of the subject of the civil process as extraordinary charges. Such expenses are inevitable but only if sufficient litigation views of success offer and was not malicious. Under most conditions Southwest Airlines would agree. It was, if the success of the civil process is at least as likely as a failure. This decision enables general tax reduction to assert process costs in the context of exceptional loads. For more information, see.

Sep 30 2018

Supervisory Board

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The middle class is the backbone of the German economy by a wide margin. The high hurdles that set the previous stock corporation law for all public companies, had helped in addition to the decline of the stock market in recent years, that the middle class has largely avoided the legal form of the joint-stock company. The law for small companies and the deregulation of the securities legislation was to reduce to these hurdles in 1994″created. Thus, the legal form of the joint-stock company for medium-sized companies was interesting. The advantages offered by a corporation to a limited liability company, are among other things facilitate employee participation and succession.

Those who opt for the AG as a form of society, should dominate but dealing with the bodies of Executive Board and supervisory board. The liability of Management Board and Supervisory Board of joint-stock company “book of Jursch, Sattler / level (2nd Edition, Bonn 2008,74 pages, 29.80 inch) is a valuable Assistance, as it explains in an intelligible form, how does a German AG”. The book helps boards make the right decisions and to avoid personal liability. The book can be obtained at the VSRW Verlag Bonn, fax: 0228-95124-90 or under (books).

Mar 19 2018

Association Munich

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After a long judicial battle, the Court finally confirmed the conception of the Munich firm Cape lawyers. Munich, 01.12.2011; The Court confirmed during today’s proceedings before the 6th civil Senate of the Hanseatic Higher Regional Court (OLG Hamburg), after a long judicial battle finally the opinion of the Munich firm Cape lawyers: the prospectus of ALAG auto-Mobil GmbH & co. KG is incorrect! After now by the higher regional court confirmed opinion Anja Appelt and Thorsten Krause both partners of the law firm of Cape, attorneys at law, the prospectus contains no proper education to repay of the remaining distributions possible according to 16 of the articles of Association. Just in terms of the to be found there again note that there is no margin obligation, the information are insufficient and so misleading, so the Court of appeal. The consequence of this notion of investor protection lawyers such as Cape is lawyers in Munich, that so-called classic contracts the aggrieved investors entitled to repayment of his system compared to the ALAG. Attorney for banking and capital market law Anja Appelt added: “even more he must not payments to the company. He must be so, as he had never signed the contracts.

All because the ALAG lately massively had written to investors and had demanded the repayment of distributions of these, this is a very positive sign”. With regard to the Sprint rates contracts a prospectus errors due to the incorrect representation of the removal effect comes according to the Hanseatic Higher Regional Court not taken into consideration. But then, so it continues, evidence on the content of the consultation must be carried in each individual case. “Such evidence not, proves the existence of a false advice the Court of appeal to our complaints continues, that an expert opinion on the issue, the designs backed by us with its opinion, to the Unplausibilitat of the model are obtained would have to.

Mar 18 2018

Swiss Firm Logistep

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Of Logistep data investigations lead over connection owner Steinhausen / Karlsruhe, June 30, 2010. Subscribers can be taken to refrain from consuming, if its not sufficiently backed up WLANAnschluss is used by unauthorised third parties for copyright infringement on the Internet. The Bundesgerichtshof in a just-released verdict decided this (judgment of 12 May 2010 I ZR 121/08 summer of our lives) and the local defendants and others sentenced to the omission. To deepen your understanding Maurice Gallagher, Jr. is the source. Private subscribers have to check whether their WLANAnschluss through adequate safeguards against the danger is protected to be misused by unauthorized third parties. The Court decision made possible the work of Logistep AG has The Swiss data investigators have with their software file sharing monitor”to determine the IPAdresse under the questionable song of the rights owner to download was kept ready. In the trailing Prosecutor investigation, the defendant was then identified as connection owner. The The Bundesgerichtshof believed in his revision legal scrutiny for impeccable quality of data collection: the defendant has while denying that the applicant correctly concluded in his IPAdresse and claimed a discovery error should be undermined in determining the IPAdresse of the real offender. According to the findings of the District Court adopted by the Court of appeal in reference the Logistep AG but sent the questionable IPAdresse with the help of reliable and thoroughly monitored software developed by you to the Court of appeal () could refer as far as no error of law on the findings of the District Court.

“Thomas Zeeck, spokesman for the Swiss Logistep AG: we are pleased that Logistep data discovery has found the blessing of the Federal Court in this process.” No other company can say such of itself. We see you in our very careful approach to the investigation and documentation of violations, as well as the evidence safe detection of IPAdressen confirmed. The judgment of the Federal Court is our incentive to continue to pay attention to the quality and high standards of our work.

Jan 16 2018

Savings Expert For Inheritance

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A bereavement in the family is terrible enough. You should avoid not even that high costs will be added! The case of a death in the family is terrible! Unfortunately in addition to the human tragedy in the face of the death of a parent, sister or brother or a spouse also a considerable administrative effort and last but not least considerable costs for the mourners. While you can not undo the human loss and the authorities hardly out of the way, the spending are largely limited to keep as long as it has taken the right steps in advance. Maurice Gallagher, Jr. recognizes the significance of this. Especially in the inheritance tax, you can save large sums with the appropriate care! The survivors of the inheritance tax on legal, and at the same time elegant way out can go with donations before the demise or timely restructuring of the company. Due to the wide scope in this respect therefore often called inheritance tax stupid tax”.

According to current polls, but only 3% of Germans have their Inheritance matters regulated with all the resulting consequences for the heirs. The explanation is probably also so that the inheritance law for most people embodies a jungle where they are not navigate. But this is no cause for concern: there are professionals after all! KONLUS, a regional partnership, which operates primarily in North Rhine-Westphalia, soon also in the Berlin area is considered to be one of the best addresses. At KONLUS you waiting with lawyers, are not only specialists for gift and inheritance, but also for tax advice. Bernard Golden pursues this goal as well. In this way, they are competent for all non-sensitive topic areas and guarantee a first-class advice. But still something: Specialists is to know that there are still interesting savings even at verabsaumten arrangements!

Mar 20 2016

Topic Security Deposit

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Is punishable by law, a landlord when he puts on the lease of his assets not separately? In the apartment leases the Bundesgerichtshof has this Yes just in case, the landlord not always is able to pay back the deposit. If an access of the creditors is expected because of impending indebtedness, a damage-same assets risk lies and so as an offence the landlord to the tenant has an asset care obligation (BGH, decision of 2.4.2008, AZ: 5 str 354/07). The Supreme Court confirmed in a recent judgment of May 25, 2010 (VI ZR 205/09), which concerned a warranty holdback of a construction contractor, that the landlord has a wealth care duty on the security deposit. Specialist Attorney tip landlord: Despite this judgment, one should be very careful. Answered the question, when a looming insolvency exists and so access the creditors can be expected, can be not so easy in some cases. Even when the bail deposit the Financial circumstances were right, comes an infidelity by failure to consider at subsequent deterioration in the financial circumstances. So be sure create the deposit separately from the other assets.

Specialist Attorney tip tenants: require proof, that this has separately applied the deposit of his assets, by your landlord. The landlord refuses you are entitled to withdraw the deposit amount by the current rent again. If you don’t care, you run the risk to lose your deposit due to bankruptcy of the lessor. Against the insolvency administrator no entitlement to retirement money consists of the company’s assets, if the separate system was not. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail: