Topic Law

News & Stories

"Emmely" dispute: Serious consequences for employers (part 1)
The petty case of 1.30 EUR
19.4.2011

Offenbach. Hardly any other dispute has busied both lawyers and the public over recent years like the "Emmely" case has in Germany. The case involved the dismissal of a checkout lady from a supermarket in Berlin as a result of her using two misappropriated bottle deposit receipts with a total value of 1,30 for her own benefit. This case gives cause to take a closer look at the facts, the litigation, the grounds for the Federal Labour Court's decision and the consequences of that decision. The result of the case has far-reaching consequences for the future treatment of employees, in particular in relation to offences against property.

10 tips for social media operators
28.10.2010

Duesseldorf. Data usage on the Internet, particularly in the social networks, is increasingly being discussed in public. Compared to the rest of Europe, Germany has a very extensive data protection law. The Bundesverband Digitale Wirtschaft has now issued a guide including 10 tips for platform operators.

Envious of Lindner? Hotel group wants to benefit from the Nuerburgring
Dorint sues German state
2.9.2010

Cologne. Neue Dorint GmbH based in Cologne is suing the German state of Rhineland Palatinate and Nuerburgring GmbH for distortion of competition. Dorint claims that a competitor has been unfairly advantaged through unlawful contracts concluded with respect to the Nuerburgring. The competitor can only be Lindner Hotels. Dorint has operated a hotel on the ring for 20 years. Recently, two Lindner hotels and a holiday park have brought competition.

Loop hole in the Bavarian smoking ban
29.7.2010

Munich. The largest German state decided per referendum in favour of the most strict non-smoker protection bill of Germany on July 4, 2010. The bill even prohibits smoking at the Oktoberfest. The day after tomorrow, on August 1, 2010, the bill is to come into force. However, this week, a loop hole was found.

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.

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