Law firm
Welcome to the website of our law firm.
With great commitment we advise and represent our clients in civil and criminal law.
We always act independently and confidentially.
Expertise
We are active in various fields of law.
Our advisory services are aimed at both entrepreneurs and private individuals.
Our services are characterized by quality and passion.
Kurfürstendamm 167-168
10707 Berlin
Tel: +49-(0)30-577023480
Fax: +49-(0)30-577023489
E-Mail: mail@ra-es.de
News
The dismissal of a managing director by mutual consent may include the implied termination of the employment contract
The Regional Court of Osnabrück has ruled that when the standard age limit is reached, the employment contract can be automatically terminated even without an express provision. The prerequisite is always a conduct of the managing director that the company may understand as conclusive consent to an automatic termination.
District Court Osnabrück, Judgement 18.03.2020 - Ref. 18 O 428/18
So called Cookie-Banners are illegal without active consent of the user
So called Cookie banners are unlawful if they can only be "clicked away", and any users must declare their consent by actively checking the appropriate boxes. Otherwise the pre-formulated consent to set cookies is invalid. This was established by the Federal Court of Justice following a ruling by the European Court of Justice, which did not consider the Cookie Directive to have been correctly implemented in Germany.
Federal Court of Justice (BGH), Judgment of 28.05.2020 - Az. I ZR 7/16
Three year lock-up period for termination due to own need, also for business partnerships
If a partnership enters into a tenancy agreement as a new owner and landlord, it may give notice to the tenant at the earliest after three years with reference to own requirements. It is also irrelevant that the tenant's own requirements only emerge after the conclusion of the purchase contract. § 577a I S.1 BGB does not require an intended housing conversion. This also applies to partnerships. BGH, verdict 21.03.2018 - VIII ZR 104/17
