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Interpretation of a foreign arbitration award
24.03.2017The successful party to an arbitration procedure before the Chamber of Agriculture Poland applied for the enforcement of the arbitration award at the OLG Brandenburg.
Read moreInterest clause and refusal of disbursement and cost allocation in the GTC
24.03.2017The clause of the calculation of the interest rate is based on the calculation method "ACT / 360" is legal. This standard method of calculation is based on the assumption that one year has a period of 360 days and that one month has a period of 30 days resulting in slightly higher interest rates.
Read moreInvestigation duties of the real estate agent
24.03.2017If there is no indication of inaccuracy, a real estate broker acting as a double broker may hand over the seller’s information to the buyer without verifying it.
Read moreRestriction for the offset by the borrower in the GTC
24.03.2017According to a provision stipulated in the GTC the bank can offset all claims against the borrower but the latter can only offset claims against the bank that are linked to the liabilities arising from the credit relationship, or which have been judicially awarded or recognized by the credit institution.
Read moreBrokerage contract in distance selling
24.03.2017If a real estate broker submits an exposé to a prospective buyer with a clear demand for a commission fee, this is deemed as an offer for the conclusion of a brokerage contract.
Read moreAdvertising with a five year guarantee
24.03.2017Advertising with a 5-year guarantee in an online shop or on an online trading platform without specification of the guarantee conditions is a violation of competition law.
Read moreAllocation of the losses of a tax-exempt foreign subsidiary to the "group leader"
24.03.2017The fact that a foreign group member is tax-exempt in his home country [in the case decided: limited liability company in the United Arab Emirates] does not prevent the allocation of the losses to the “group leader” in accordance with § 9 (1) KStG 1988.
Read moreMisleading announcement "20% VAT free" for voucher instead of discount
24.03.2017A "20% VAT" discount announcement triggers with the consumer the assumption that a discount in the value of the VAT is included in the gross price and that it is granted immediately upon purchase.
Read moreLimitation of actions for consequential damages
14.12.2016In the case decided, the debtor is in default with the construction of a hall since several years. For that reason, the creditor sues for damages because of lost rental income.
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