Legal problems in the operation of online archiv
Placing press articles or other publications in digital archives can lead to copyright violations even if the original article was legally permissible. The Federal Court of Justice recently had to decide whether a report about an art exhibition which contained photographs of copyrith-protected works of art and originally appered in a magazine could be stored in the online archive of the publischer for a longer period. Read more.
Deadline for a revised notice
on the rifht of revocation and return of goods
In August 2011 the Act to Amend the Regulations on Compensation in Distance Selling Contracts came into force. Read more.
Agreement on data protection
in the use of Google Analytics
Google Analytics is a service which runs in the gackground on numerous websites and analyses the use patterns of visitors to the website. In normal operation, the user´s IP address in particular is stored; this is the number which identifies the user´s computer to the Internet, at least during each sessein. Read more.
Costs of removal and fitting
of a defective consumer product
The purchaser of a defective consumer product which has been installed into another object before the defect was detected can demand, in t he course of subsequent fulfilment by delivery of a replacement, that the vendor must also unistall the defective product and install the new product or bear the costs for removal and installation. Read more.
Sale of a business as a whole
if it is let by a project developer
All deliveries and other services rendered by a business entrepreneur for payment are dunamentally subject to VAT. However, turnover in the context of a transfer of a business or a separately managed enterprise as a whole is not taxable in accordance with Section 1 (1a) of the German VAT Act (sale of a business as a whole) Reade more.
Evaluation of a "roof" lease
to a photovoltaic installation operator
With a decre of 17 August 2011, the Bavarian State Tax Office ruled on the VAT treatment of the lease of roofs th photovoltaic installation operators. With regard to the remuneration for the roof lease reade here what is possible.
Waiver of defences by the guarantor
makes t he security agreement null and void
The VII. Division of the Federal Court of Justice (BGH) in its ruling of 28 July 2011 (VII. ZR 207/09) again had to consider the (in)validity of security clauses in contracts under the Standard German Building Contract Terms (VOB). Read more.
Clarification in planning law
concentration zoning in the rewpowering
Wind energy production on land is currently the largest contributor to the electricity generated from renewable energy sources in Germany, and it will continue to contribute a significant proportion in future. In general, wind turbines are to be concentrated in just a few locations, known as wind farms, mainly to ensure a considerably higher energy field in locations with strong winds, but also to calm the visual character of the landscape and thus to reduce the nuisance value for affected citizens. Read more.
Efficient use of energy
in public procurement law
On 20 August 2011 a new amendment of the Contract Award Regulations (VgV) came into force to implement the EU Energy Label Directive 2010/30/EU and the energy concept of the German government for environmentally friendly procurement. Read more.
Timetable for the Schedule of Services and Fees
for Architects and Engineers (HOAI) 2013
The 6th amendment of the Schedule of Services and Fees for Architects and Engineers of 2009 initially concentrated on the fundamental preservation of a state pricing ordinance and the implementation of the European Services Directive, but for reasons of time it was not able to include the necessary further-reaching reform to update the areas of performance and carry out a differentiated review of the sufficiency of the fees. For this reeason the German government promised to continue the modernisation of. Read more.
Consequences under rent and lease law
Rental and lease contracts often contain exact property descriptions which are initially (wrongly) understood as being non-binding. In fact, the property description is used to define the required quality, and this is the central factor used to decide whether there is a defect in the rented or leased property which justifies a reduction in the rent or lease. Read more.
The new Drinking Water Ordinance
The existing Drinking Water Ordinance of 2001 needed clarification in some areas and an adaption to bring it in line with new developments and the requirements under European law, so the First Amendment Ordinance for the Drinking Water Ordinance was passed, and it came into force on 1 November 2011. Read more.
Direct debit in case of an insolvency
The Federal Court of Justice (BGH) has weakened the position of the insolvency admistrator in collections of payment by direct debit. The case in question: The debtor, who received social benefits (housing allowance), had rented a flat from a housing association. After insolvency proceedings had been initiated in the assets of the tenant, a trustee (insolvency administrator) was appointed. Read more.
The partnership under civil law (GbR)
It was a long time ago that the Federal court of Justice made a fundamental ruling in 2001 which departed from previous case law pronouncements and recognised the partial legal capacity of a partnership under civil law. It is entitled to participate in legal transactions, be the holder of rights and duties and, in particular, to acquire land ownership. Read more.
Google StreetView, Microsoft StreetSide
Jurisdiction
The period for submitting prior objections to the display of buildings and land in Microsofts street image service StreetSide runs from 1 August to 30 September 2011. Like its competitor and forerunner Google, Microsoft only accepts objections by natural persons, because legal entities are not protected by the data protection laws in Germany. Read more.
