Detailed project contracts for software development and computer programming
Ready-made software solutions no longer cut it in many businesses whose needs require dedicated software. In this context, attention needs to be paid to how the project contract is drafted.
Automatic exchange of (financial) information (AEOI) – Timely voluntary disclosure for tax evasion
Financial information was automatically exchanged once again on September 30, 2019. Those with unreported income in foreign accounts can still submit a voluntary declaration leading to immunity from tax evasion charges.
Costs incurred obtaining tax advice reduce estate tax burden
The costs incurred by an heir in correcting the testator’s tax return reduce the estate tax burden. That was the verdict of the Finanzgericht (FG) Baden-Württemberg, the Fiscal Court of Baden-Württemberg (Az. 7 K 2712/18).
BFH on exemption of family home from estate tax
An heir inheriting property from his or her parents has a period of six months in which to personally occupy it for residential purposes in order to avoid it being subject to estate tax. That was the verdict of the Bundesfinanzhof (BFH), Germany’s Federal Fiscal Court.
European Commission compliance guidelines for trade in dual-use items
The European Commission has published a recommendation for an internal compliance programme (ICP) for trade in dual-use items. The guidelines are not binding on businesses.
KG Berlin: Misleading advertising featuring “best price” claims
Caution is advised in relation to “best price” advertising claims. These may give a misleading impression of occupying a leading position in the market and violate competition law.
ECJ: Copyright protection for designs only possible to a limited extent
Although a pair of jeans may fit perfectly and look good to boot, this does not in and of itself confer copyright protection. That was the verdict of the ECJ in a ruling from September 12, 2019 (Az.: C-683/17).
OLG Stuttgart: Damages due to truck cartel
The OLG Stuttgart, Stuttgart’s Higher Regional Court, has ruled in connection with what has become known as the “truck cartel” that an aggrieved buyer is in principle entitled to claim damages from Daimler AG (Az.: 2 U 101/18).
International law – From drafting contracts to conducting litigation
International law is no longer confined to regulating relations between states. Today, it also plays an increasingly important role in business and private law.
OLG Düsseldorf – Commercial agent must be main occupation to be entitled to an indemnity
Commercial agents are entitled to an indemnity following termination of the contractual relationship. As a prerequisite, however, their work for the company as a commercial agent must have been their main occupation.