Implied Health Claims

Prohibition of many health-related statements for food in the face of the upcoming ban on many health-related statements for food, want many companies their claims at least with a “contains” – statement on the label maintained. For example, the statement that Glucosamine supports joint function, is expected to be no longer allowed. Since the operation however extensively of Glucosamine is described in the Internet, the strategy might be, at least the statement contains Glucosamine”to keep on the product label or just to say that Glucosamine is a constituent of cartilage tissue. The problem is that the health claims regulation 1924/2006 a health statement even exists, if only implied a link between a food and health”is. Russell Kivler has much experience in this field. The question now is whether the statement contains”Glucosamine implies that the product supports the joint functions. In Germany, still no judgment has been rendered on this issue. In England, for example, which stands for health claims “statements already health claims (health claims) for food are competent authority considers that such contains, at least if the material exists […]

Alexander Bredereck

When must you warn before a termination? Is it useful to proceed against a warning? When a warning is given you, explains the employer so that he is dissatisfied with a particular course of conduct, or with your services. It is connected to the warning with the threat, you must count when you repeat the dunned down behavior with a termination. (A valuable related resource: Elliott). The employer will regularly either give a stern warning with the warning or already preparing a termination. Typically, the (possibly multiple) warning is essential for an effective behavioral termination. The warning may be given basically formless. Reasons of proof, it is granted but regularly in writing. It is recorded in the personal file of the employee. Prerequisite of an effective warning is that the employer or a cease and desist letter entitled sufficiently clearly holds the manner complained about breach of duty in mind the worker and combines with the note that in the Repetition event which is at risk contents or the existence of the employment relationship. Point72 addresses the importance of the […]

Amtsgericht Berlin

Another Member has the list of rental defects: paint damage, caused by water ingress. If painting suffers after water damage, which is one reason for the reduction in rent, the Amtsgericht Berlin-Schoneberg decided. This article describes the conditions for the recovery of rent reductions on this particular example. The list of rental defects, who can claim the tenant, is long. Lead in drinking water, pigeon poop, mold growth involuntary by the lessee or insufficient high-performance radiators are just some of the reasons for a reduction in rent. The District Court of Berlin-Schoneberg has now added a further lack of tenants as the reason for a reduction of in rent can specify: peeling paint. In the decisive case, a tenant on less rent had insisted after balcony and hobby room damage had occurred. Reason for this was a water damage that had peeling paint and plaster in a big way. 2 percent less rent for the damage to the balcony, 50 percent for which the judge set in the hobby room. To the ground, it was said that there was clearly […]

The Obligation To Conclude Year

The tax consultancy Hilde Christine Walther informed traders, entrepreneurs and freelancers are subject to the obligation to create financial statements, where they provide evidence of the result of its economic engagement in the previous year. Tax advisor Hilde-Christine Walther reported by the different shapes of the prescribed annual accounts. The German legislator has different requirements on the annual accounts of merchants and companies on one and small traders, as well as freelancers on the other side. While the first group of entrepreneurially active people and organizations produces annual accounts on the basis of the provisions of the German commercial code, a revenue surplus account meets the second group. Traders, merchants and companies need to create financial statements according to German GAAP. These include a balance sheet and the profit and loss of the relevant person or company in any case. As part of the financial statements, the balance sheet provides information, the public authorities, investors and owners need for planning and controlling activities. The account creation is based on the principles of proper accounting, the rules for comparing assets and […]

Internet

The Internet curse and blessing at the same time unfortunately stomping ground for cheaters of all kinds practice alleged contracts over to warn general interest pages, and Attorney letter subscription fees on the order of 60 to claim 70, garnished with legal recovery costs, continue to grow overall by about 100. The Justice offers little an economically viable solution. Lawyers are not really interested in the adoption of the mandate. What should affected parties do or make? As a letter in the mailbox can be found someday, you’ve signed up…… at the portal and the annual amount of 60,00-70,00 is now due, you feel most powerful caught off guard. The recipient of this letter can probably remember hardly to the operation, he believed himself at that time but to can be sure that the page and especially the services were free of charge. Were any hidden clues to a payment obligation whatsoever not visible to him or non-existent. Anyway, there a lawyer, or a debt collection agency which claims he owes, and would have to pay due to a delay […]

German Federal Supreme Court

Bundesgerichtshof, decision of 15.05.2012 – VIII ZR 245 / 11 and VIII ZR 246/11 – right to adjustment of operating costs advance payment only with healthy operating expenses Federal Supreme Court, ruling of the 15.05.2012 – VIII ZR 245/11 and VIII ZR 246/11 – increased operating costs advance payment the claimant with the operating expenses for the year 2004 in the two underlying processes and adapted them to the relevant payroll result in the coming years. The settlements were however substantive error. These were objected to by defendant. No balance to the detriment of the defendants remained in the correction. In the proceedings of VIII ZR 245/10 the defendants paid 2006 only a portion of the boost amounts of operating costs advance payment demanded by the plaintiff for the years. In the proceedings of VIII ZR 246/10, the defendant total did not pay the amounts of boost. The plaintiffs announced both leases because of a backlog of payment based on the pending operating cost prepaid without notice, or within the prescribed period and finally demanded that Clearance and release of […]

Employment Protection

What is a small business within the meaning of the KSchG? The first question at the dismissal is, whether the protection against dismissal Act (KSchG) is at all applicable. It does not apply because in the so-called small businesses. You want to find out if someone has to do it with such an is first to clarify what actually is meant by an operation, because the term is not defined in the consumer protection act. In a judgment of BAG (BAG v. 03.06.2004-2 AZR 386/03) operating as an organizational unit, is inside of an entrepreneur alone or in community with its employees by means of material and immaterial resources certain procedural purposes continued tracks. The organizational unit is in the foreground, a spatial unit is not necessarily required. The consumer protection act is in principle the same operating concept as the BetrVG. The BAG affirms an operation within the meaning of the BetrVG if is a unit of organization and a single line telephone, what the essential functions of an employer in personnel and Social Affairs exerts. To keep in […]

General Counsel

Deals, personal data and the key processes: economic loading Council end of lawyers and General Counsel find immediately the information from their industry on legal Tribune ONLINE. Cologne, 13 November 2013. Deals, personal data and the key processes: economic loading Council end of lawyers and General Counsel find immediately the information from their industry on legal Tribune ONLINE. In the newly created category of law firms & companies”the range most powerful German online magazine offers the most important international and nationwide scale, but also regionally strong player in the legal market for lawyers at a glance. We record multiple requests with the new category from our readership, to depict the important market of the economy Advisory lawyers more”, said lawyer Pia Lorenz, editor in Chief of the LTO. As the established competitors, wants to be the editors otherwise it does not on restrict the large Law Firms.. Great deals are handled also in highly specialized boutiques. And lawyers sit also in the legal departments of large companies. They all affect significantly the economic market and all are finding themselves on […]