Kategorie: Politics Law Society

Bundeskartellamt issues fines in response to illegal price fixing The Bundeskartellamt – Germany”s Federal Cartel Office – has imposed fines totaling around 6 million euros on two foundries for entering into anticompetitive agreements regarding prices and discounts. The foundries in question manufacture manhole covers and other casting products for street sewers. In addition to colluding on prices and discounts, they also agreed to divide up two large contracts between them. We at the commercial law firm MTR Rechtsanwälte note that these kinds of arrangements are of course illegal and in…

BGH changes tune on trademark forfeiture In a judgment from January 14, 2021, the Bundesgerichtshof (BGH) – Germany”s Federal Supreme Court – overruled its own legal precedent on the forfeiture of trademarks (Az.: I ZR 40/20) in finding that failure to make use of a trademark means forfeiting trademark protection. According to Section 49 of the German Trademark Act (Markengesetz, MarkenG), the registration of a trademark will be declared invalid and cancelled in response to a request to this end if the mark has not been used over a continuous…

KG Berlin: Commercial rent reduction in response to closures related to COVID-19 In a judgment from April 1, 2021, the Kammergericht (KG) Berlin – the Berlin Court of Appeal – ruled that commercial rent can be lowered by 50 percent in response to a closure related to COVID-19 (Az.: 8 U 1099/20). Businesses have been forced to either partially or completely close their doors in order to curb the spread of the coronavirus. We at the commercial law firm MTR Rechtsanwälte can report that Germany”s federal government made it clear…

To qualify for tax exemption, it is necessary to move into the inherited family home without delay Waiting too long to move into the inherited family home may render it impossible to claim tax exemption. That was the verdict of the Finanzgericht (FG) Düsseldorf – the Fiscal Court of Düsseldorf – in a ruling from March 10, 2021 (Az. 4 K 2245/19 Erb). According to Section 13(1) No. 4 c) of the German Inheritance and Gift Tax Act (Erbschaftsteuer- und Schenkungsteuergesetz, ErbStG) the family home can be passed down tax-free…

BFH rules on recognition of stock losses for tax purposes Losses from shares in companies facing insolvency can be claimed against tax from the point in time when the shares are written off the securities account. That was the verdict of the Bundesfinanzhof (BFH), Germany”s Federal Fiscal Court (Az.: VIII R 20/18). The Bundesfinanzhof has delivered an important ruling on losses from shares in companies facing insolvency. We at the commercial law firm MTR Rechtsanwälte can report that, according to the court”s judgment from November 17, 2020, if the bank…

Finanzgericht Düsseldorf: No tax exemption for flat-rate bonuses Bonuses for night work and working on Sundays are only tax exempt if they are awarded on an individual and not a flat-rate basis. That was the verdict of the Finanzgericht (FG) Düsseldorf – the Fiscal court of Düsseldorf – in a judgment from November 27, 2020. Those who work nights or on Sundays and holidays are often rewarded with bonuses from their employer. However, according to a ruling of the Finanzgericht Düsseldorf from November 27, 2020, it is important to make…