Topic Law

News & Stories

Smoking ban everywhere in Switzerland now
29.4.2010

Bern. The time has come: in the night to May 1, 2010, cigarettes will be banned everywhere in Switzerland to smoking lounges or the streets. Everything else has been prohibited.

When staff are stuck abroad - Recommendations for employers
Volcanic ash: What does the lawyer say?
22.4.2010

Offenbach. Volcanic ash grounded millions last week - and caused problems for many who weren't able to reach their places of work on time. This has also affected employees in the hotel industry. How will the boss react? What must the company pay? hospitalityInside expert, Joachim Jungbluth, Solicitor and Labour Law Specialist, answers some questions.

Data theft: Hilton gains time
25.2.2010

New York The U.S. Attorney's Office for the Southern District of New York obviously wants to halt the lawsuit about fraud and theft of trade secrets pursued by Starwood Hotels & Resorts against Hilton and two former Starwood executives. Meanwhile Blackstone has struck a deal to restructure the debt of Hilton.

Transfer of undertakings (part 2): Aspects of inheritance law
Consider assets and liability
17.2.2010

Munich. The pitfalls awaiting on a transfer of undertaking are many, as the previous article on inheritance, gift and earnings tax showed. Legal aspects of the transfer are certainly no less tricky. An awareness of some of the problems is therefore a good thing - especially as the Institute for Small and Medium Sized Enterprises in Bonn estimates that 71,000 family-run businesses are transferred each year in Germany. Two lawyers and tax consultants, both specialised in the hotel industry, Barbara Gayer and Frank Behrenz from Sonntag & Partner, Munich/Augsburg, will today throw light on some of the legal aspects of a transfer of undertakings.

Transfer of undertakings (part 1): A legal and taxation perspective
Many risks remain with the transferor
11.2.2010

Munich. According to estimates by the Institute for Small and Medium Sized Enterprises in Bonn, every year 71,000 family companies in Germany face a transfer of undertakings. The search for and support for a suitable successor is particularly difficult in the time and work-intensive hospitality and catering industry. The transfer itself harbours numerous pitfalls – for both parties. Following on from hospitalityInside.com's practical exposé published a few weeks ago, the tax consultants Barbara Gayer and Frank Behrenz from the law firm Sonntag & Partner, Munich/Augsburg, both specialised in the hotel industry, take a look at the issue from a legal and taxation perspective: The first instalment of this report will look at inheritance and gift tax as well as taxes on earnings. The following instalment will look at some of the legal aspects.

Data theft escalates
21.1.2010

New York/Delhi. The Denizen data theft war between Starwood Hotels and Hilton is going to escalate: Now Starwood accuses 44 Hilton Worldwide executives of stealing trade secrets. In India, also IT company Travelocity has accused a business partner of data theft.

Employee notifies employer of illness – Dismissal not unfair
Spite doesn't pay
1.10.2009

Offenbach. Employees phoning in sick on the day on which they were refused holiday and feigning illness in order to take the day off can be fairly dismissed. Alone the act of calling in sick is sufficient for dismissal. The background from our legal expert and hospitalityInside expert, Joachim Jungbluth.

EU judgement adds pressure on employers
Holiday entitlement can accumulate
2.9.2009

Offenbach. The recent decision of the European Court of Justice adds further pressure to employers: Should an employee become unable to work over a longer period of time, his holiday entitlement accumulates and does not lapse. Employers are confronted with huge additional burdens. German law must bow to the law of the European Union.

Switzerland: "Star Wars" continues - Zero-star hotel opens
19.6.2009

Bern. "Hotel stars remain protected," the Swiss Hotel Association hotelleriesuisse rejoices of its further victory in the "star wars" with its competitor GastroSuisse. GastroSuisse, on the other hand, speaks of a pure interim decision and still hopes to win. As the battle continues, Switzerland's first "0-star hotel" attracts attention.

What are the legal questions on the insolvency of a hotel in Germany?
Limited room for manoeuvre
19.6.2009

 

Duesseldorf. Times are hard and hotel margins, which even at the best of times are small, finally seem to have collapsed altogether. If the economic crisis continues, it may very well mean the end for many hotels. The first insolvency proceedings have already been concluded. hospitalityInside.com spoke to a specialist in German insolvency law and asked him about the consequences faced by the hotel industry. Dr Josef Hingerl, Solicitor for Insolvency Law and Consultant to the Hospitality Legal Group*, looks at the issues which arise on insolvency of the operator, the owner or the franchisor of a hotel property and how this affects other partners.

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