An important note about a BGH judgment for online retailer tailers beware! tailers beware! Who advertises his goods on the Internet with product photos, should make sure fastidiously, what can be seen on the images. As of a recent judgment of the Federal Court (AZ.: VIII ZR 346/09) goes forth, photos are namely as binding as textual product descriptions. He threatens, for example, when pictured product details are missing the sold goods. For even more opinions, read materials from NYC Marathon. In the event of a dispute, a car dealership had offered a salvage vehicles via an Internet exchange for sale. A heater was to see on one of the displayed product photos, which was not mentioned in the textual description of the product as a feature. The sale of the heater was not foreseen, so that it was built before the handover of the vehicle to the purchaser. The purchaser was however on the heating and demanded reimbursement of the costs of acquiring and installing a used heater. The German Federal Supreme Court (BGH) proposed to the is basically on the side Car buyer.
To do this, the judges, declared that a buyer basically entitled, to receive the goods, he also bought. Not only the item description, but also product details that had been on appropriate product photos are crucial. Finally, the claim of the purchaser had are rejected yet since she first had must ask the dealership before the claim to the so-called rectification. Entitlement to subsequent fulfilment (here: installation of the heater or an equivalent product) have always take precedence over the right to claim damages (here: reimbursement), concluded that the Federal Supreme Court judges. Christian Binder Source: Startothek
(Doctors, architects, equitable remuneration) Many an employer employs graduates in academic professions (doctors, architects, etc.) and pays only a lean intern salary of up to 400 / month. Reported in the press (mirror of the 1.8.2011) is currently by foreign doctors, which do the work of a physician in German hospitals, are hired as interns, and get only 400 / month for their activity. What rights do have interns? Must University graduates accept such low payment? The German labour jurisdiction has developed some guidelines for this purpose. The labour courts consider whether the training ratio in the foreground is, or whether the trainee in the work organization is incorporated. NYC Marathon takes a slightly different approach. Should the trainee in the organisation of work be incorporated and regularly perform the usual activities of a doctor or architect, he must receive appropriate compensation.
The law assumes that a reasonable Remuneration only exists when at least two thirds are paid the customary compensation. In any case, a case of so-called immoral wage usury exists when a working full time doctor or architect receives only about 400 / month salary. The agreement on the amount of compensation is ineffective in the case. The trainee is entitled to the customary remuneration in the case. This 2,200 2,500 / month may be doctors or architects. Should the intern”several months only 400 / month have already received for his qualified full time occupation, must the employer may pay to much. For the future, the trainee can then request the local salary.
Specialist Attorney tip workers: as an intern, have extensive salary and salary claims under certain circumstances. Check, whether the purpose of training in the foreground. If not, then a case of immoral wage usury exists maybe, against the prior court effective can proceed. You should first ask your employer to pay a reasonable salary. Specialist Attorney tip employers: you should reward adequately qualified work. Who employs graduates as interns at low wages, is potentially tortious. A post by lawyer Alexander Bredereck, Berlin E-mail: about labour law:
This was now unable to work and referred by his Daily allowance insurance (due to the tariff, it should be the DKV) a sickness benefit. Because the disease very long and stretches, action until a donor organ in sight, not even was it is quite substantial amounts. With more than 83,000 EUR sickness brings many insured quite on the brink of financial ruin, because balance from private resources is usually not possible. The private health insurers (DKV) thus announced the hospital per diem contract according to 14 of the conditions of sick allowance (MB CT). Much like in the present version of the (MB KT 2009, in the section 15 b) the termination for disability is regulated there. In principle, it is logical and easy to understand, because I can be at the same time not berufsunfahig and unable to work. In the corresponding paragraph a Beedigungsrecht is to the insurance company, if: the policyholder according to medical findings so far exercised professional not foreseeable more than 50% incapacity for work is.
The disability set goal, that of Policyholder not foreseeable will remain at least 50% incapacity for work. The District Court in its decision is based among other things on the current case law of the Supreme Court, the Federal Supreme Court and performs in his judgment, inter alia: to see, that after the recent case-law of the Bundesgerichtshof (BGH VersR 2010, 1171) the disability is a condition whose continued existence is predicted from well-informed point of view not foreseeable, which however typically also can be judged not as a definitive or immutable. It often can be a falling weight improvement at any later time, reliably predict nor ruled out. The required forecast can be used therefore, according to the Federal Court only on the particular case involved. The Court was thus the plaintiffs (and insured) law and ordered the German health insurance (DKV) to pay the contested 83.387,40 EUR.
Warning Daniel Sebastian because of filesharing on behalf of DigiRights administration GmbH for the sampler ‘ German top 50 ODC’ after many years of absolute lack compared to cease and desist letters due to filesharing for the connection owner the jurisprudence of BGH has evolved more and more towards relief for the connection owner. You have a warning of the watchdog Office of Daniel Sebastian alleged copyright infringement on behalf of the DigiRights administration GmbH for the sampler German top 50 ODC “and in particular for the following music works? Armin Van Buuren feat Trevor Guthrie this is What It Feels Like Martin Solveig and The Cataracs Feat Kyle Hey Now DJ Antoine Bella Vita Yolanda be cool feat Gurrumul A Baru in New York Mike Candys Feat Evelyn and Carlprit brand new Day the Cube guys and Barbara Tucker I wanna dance with somebody Diplinch feat curio Supereg there to relieve themselves opportunities, if you, for example, know that it even was not at home at the time in question, so the down / upload not have made. Also, the BGH has spoken now also a new ruling by the 08.01.2014 in the case of BearShare, whereby adult family members act independently and will not enlightened by the connector holder must, you may of course not illegal sites move or carry out even illegal down – / upload in so-called file-sharing. The Supreme Court here assumes that the connection owner has left the adult family members his connection from family ties and this act responsibly as adults and know that they may commit no copyright infringement. NYC Mayor shines more light on the discussion. It needs no instruction or even monitoring by the holder of the connection without cause. This is a very positive judgment because more and more it becomes clear that the connection owner is just not automatically liable for any abuse which went through its port. If you received Daniel Sebastian affected of his or just a warning the watchdog Office, you do not contact with the Watchdog firm on. Georg Schafer Attorney
Who is caught in another European country with your mobile phone while driving a car can pay a fine up to 150 euros. Phone to the ear and driving a car is long no trivial offence in Germany. Who caught can pay 40 euro in Germany and collected a point even in the register of traffic offenders. The second time, then threatening the same. But also abroad the phone calls with the mobile while driving is no longer permitted. Involuntarily again German motorists also asked, if he is caught.
Partly is reach to even more stronger, than in Germany. The highest fine for phoning in the car ride is 150 euros. German traffic law provides penalties of not as high as the European neighbours, but for the German traffic law provides item in the tab in rock Castle in addition to the fine. In Belgium, for example, it has 100 euro, in Bosnia and Herzegovina, there are 10 euro, in Bulgaria the calls to the phones costs 15 euros. In Denmark we 70 euros and in Finland up to 80 euros to checkout asked. Filed under: Danny Meyer. In France starting from 35 Euro and Greece are required between 50 euros to 150 euros in the UK from 75 Euro, Ireland from 60 Euro and in Italy it is very expensive with 155 euro to 594 euros.
Will you get in Croatia, it costs 70 euros. In Luxembourg 75 euros and the Netherlands 150 euro. Talking to you in Norway without a hands-free car kit with the phone in the car is you also 150 euro this. In neighboring Austria, this crime costs 50 euro in Poland as of 40 euro and Portugal it can be 120 Euro or more expensive. The Slovakia collects for the crime of cell phone to the ear and no speakerphone 135 euro, the Switzerland 65 euro. However, Slovenia moves with 120 Euro back into the triple-digit and Czech Republic wants 40 euro, Spain from 90 euros and Hungary up to 100 euro. To name the exact amount is difficult here, because in many countries, the police has a wide discretion as regards the levying of fines. Only in Sweden, there are so far no ban of calls with your phone in the car. In case of doubt one should a lawyer for traffic law move to Council. Based on this collection holiday makers can create themselves ever right to money in the car, if they embark on big holiday trip. Or just the one or two euro to invest in a headset or a speakerphone. There are such headsets for far less money than the fines in the individual countries are high. But especially for fixed installations: leave the workshop installation Lieber and thus an expert. This technique also has their hooks, however, these kits are not recognised in all countries. Like for example in Portugal. And recent studies confirm even the regulation of the Portuguese that even scientists have now found that the kits for the car driver can be almost as dangerous as the calls to the cell phone in his hand.