Why can a German insolvency administrator claim payments from creditors?
If a company or individual with its registered office in Germany falls into financial difficulties, insolvency proceedings are opened in Germany at the request of the debtor or a creditor. The aim of insolvency proceedings is to enable all creditors to be satisfied equally from the debtor’s assets. To this end, the insolvency administrator has […]
Why do online shops be designed barrier-free in the future?
To implement the European Accessibility Directive (Directive (EU) 2019/882 on accessibility requirements for products and services), the German Bundestag passed the Barrierefreiheitsstärkungsgesetz (BFSG). This law obliges operators of online shops to offer and provide products and services in such a way that they can be found, accessed and used by people with disabilities without assistance […]
Why do transport companies get sued in Germany?
There are various reasons why transport companies can be sued. In most cases, claims are based on the following facts: Loss and theft of cargo The most common case of cargo loss during transport is cargo theft. As Germany is a central European transit country for international road transport, numerous criminal gangs have specialised in […]
What is einstweiliges Verfügungsverfahren? Have you received an injunction from a German court?
Litigation for IP infringement in Germany is often preliminary proceedings, which are dangerous because in a few days you get a title with which to stop advertising campaigns and force a competitor to withdraw goods from the market. What starts the proceedings? The first step before filing an application with the court for a preliminary […]
Signing the consignment note or loading list as a liability trap
Truck drivers often sign the CMR waybill or a loading list without checking the load. This can lead to the carrier’s liability if part of the load is missing. The Federal Court of Justice has ruled that the carrier is fully liable for the damage in accordance with Art. 29 CMR. In daily practice, it […]
Temporary workers can be paid less
The Federal Labor Court has ruled that temporary workers do not have to earn the same wages as permanent employees for the same work. Financial compensation is not required if a collective agreement is applied. According to a recent decision of the German Federal Labour Court (Bundesarbeitsgericht – BAG) (judgement of 31 May 2003, case […]
Obligation to record daily working time in Germany
The just-published draft law on amendments to the Working Time Act introduces new regulations. It also imposes the introduction of new technical solutions for recording working time. Which companies will be covered by the new regulations, what changes are being proposed? Read our blog article.
As of when does a claim for demurrage exist and in what amount under German law?
If a truck cannot be used to fulfill a follow-up order due to delays at the loading or unloading point, the transport company involved suffers considerable economic damage. The claim to demurrage is not regulated in the CMR Convention. Regulation under German law If the forwarder and the carrier have not reached an agreement on […]
Protection against poaching of workers in Germany by contractual partners
Due to the shortage of skilled workers in Germany, the know-how of skilled workers and top performers is of crucial importance for the success of a company on the market.
Customer protection clauses as protection against competition in Germany
Subcontracting a contract to a contractor should involve securing subsequent orders. This is because direct contact between the subcontractor and the contractor may end up with the subcontractor taking over the orders. So how do you secure your contracts?
