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 […]
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?
Need for adjustment in the temporary employment sector
The amendment to the provisions of the German Verification Act (German: Nachweisgesetz) also covers temporary employment agencies operating in Germany. So they too have expanded information obligations when hiring new employees.
Adaptation needs for employers
Important amendments to the German Verification Act (German: Nachweisgesetz) as part of the national implementation of the EU Directive on Transparent and Predictable Working Conditions (2019/1152) have introduced expanded information obligations when hiring new employees. Which ones, we invite you to read the article.
German Supply Chain Due Diligence Act: Impact on subsidiaries of foreign companies and foreign suppliers
The Act on Corporate Due Dilligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz) came into force on Jan. 1, 2023, and requires German companies to conduct appropriate human rights and environmental due diligence in their supply chains. The law applies to companies with at least 3,000 employees from January 1, 2023. From January 1, 2024, companies with […]
Fraud by phantom transport companies
Cargo thefts in car parking lots by slitting tarpaulins and the theft of valuable and easily saleable transport goods are unfortunately an everyday problem. A new trend is the fraud committed by phantom companies on online freight exchanges. Fraudster gangs use online freight exchanges to obtain transport orders by way of subcontracting and to completely […]
