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Tacit order placement of real estate agent

26.02.2019

Civil Law Miscellaneous

An implied order placement is to be assumed if the interested party tolerates the activity of the commercial real estate agent or makes use of it profitably.

Damages resulting from manipulated software in diesel cars

26.02.2019

Commercial Law Civil Law

The damage in case of purchasing a car with manipulated software results either from the fact that the deceived party has concluded an unfavourable contract as a result of fraud or in therein that the buyer has not entered into another advantageous contract.

Selective distribution system for luxury products allowed

26.02.2019

Commercial Law Civil Law

The agreement between the distributor of branded (cosmetic) products and retailers that the ”luxury character of the products must be preserved” when the goods are offered does not violate European competition law.

Dismissal for extended lunch break

26.02.2019

Labour Law Civil Law

A worker may be dismissed summarily if he “has left work without authorisation”. The absence must be substantial and without a legitimate reason.

Telecom providers may unilaterally amend general terms and conditions and terms of payment

26.02.2019

Consumer Protection Civil Law

Telecommunications providers are allowed to unilaterally modify general terms and conditions and terms for service prices on the basis of the statutory provisions of § 25 TKG without a contractual agreement in this respect.

Reimbursement of commission in the event of flight cancellation

26.02.2019

Consumer Protection Civil Law

If the flight is cancelled, the commission collected from the passenger by a brokerage company on the purchase of a flight ticket must also be refunded as part of the total price.

Parents damages in case of delayed education start of the child following an acciden

26.02.2019

Civil Law Miscellaneous

Because of the injuries suffered in a traffic accident, the plaintiff's daughter was unable to take the entrance examination for medical studies.

On the (in)validity of allographic wills

26.02.2019

Civil Law Miscellaneous

According to the latest decision of the Supreme Court, testamentary decrees not handwritten by the testator are only valid if the testamentary witnesses themselves sign on the deed.

General Terms and Conditions: Limitation of liability to the amount of the rental charge

24.03.2017

Civil Law Consumer Protection

A limitation of liability clause "In the event of slight negligence (except for personal injury), S *** is liable for the damage up to the amount of the agreed rental charge" provided in the general terms and conditions of a car rental company is valid.

Claim for damages against former charmain

24.03.2017

Civil Law Miscellaneous

§ 8 VerG provides for the (incurable) inadmissibility of a legal claim for damages by an association against its former chairman for alleged misconduct.