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In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.


Letters of comfort under company law

(decision of September 28, 2011 – Case I ZR 23/10 – Kinderwagen/Pram)

As has been widely reported, Germany recently launched a project that is unique in the world: the complete change of its energy policy. After the Fukushima catastrophe had once again demonstrated that the use of nuclear power poses unpredictable risks, Chancellor Merkel and the German government accepted the obvious consequences. 

Mistakes in the German translation of a patent application filed in a foreign language can be corrected anytime and do not lead to loss of the patent.

In a decision which has just become final, the Dusseldorf Appeal Court granted protection against distributing a replica of a rear light for trucks (Case No I-20 U 68/10).

Decision of September 13, 2011 - Case X ZR 69/10 - Diglycidverbindung/Diglycidyl Compounds

We are pleased to bring you our Legal Express, which covers the most significant legislative changes in Russia in December 2011 and January 2012.

Parties to rental contracts for commercial premises often agree priority rental rights. In practice, this concept is used to cover a whole series of legal structures. These range from fixed options for the tenant to a promise made by the landlord as a business policy that if any additional premises become available, they will be offered to the tenant. In 2010 the Berlin Court of Appeal issued a ruling on such priority rental rights in insolvency; the decision has recently been published.

Introduction Simon Bushell Herbert Smith LLP 3

by Charlotte Schmitt, LL.M, GSK Stockmann + Kollegen