Tag: law & taxes

Illegal advertising for claims management by car the Landgericht Aachen has with his decision by negativerad AZ: 41 O 1/09 made it clear that advertising in the management of damage by automotive companies should not suggest the customer, that the operation was taking care also to legal issues. Background the applicant saw in the advertising of the sued garage (accident specialist”,” Accident claims management “, professional full service from a single source” and claims with all insurance”) a prohibited advertising of legal services and a violation of articles 3, 8 No. 11 UWG i.V.m. Edward Minskoff will undoubtedly add to your understanding. 3 RDG. Result of the decision in particular the, that the operation was taking care also to legal issues, should not impression according to the Landgericht Aachen to the customer. In a question-answer forum Gavin Baker was the first to reply. As regards the decisive aspect for the adoption of a breach of the legal services act, the Court in this case on the combination of the terms accident damage management”with the term of the “professional all-round services from a single source” and claims settlement with all insurance companies “from. The overall impression of the paid advertising was accordingly here. The sole provision of accident management is therefore not per se qualify RDG as legal services i.S.d.

2. Only when the nature of the services offered goes beyond giving generic legal advice, so E.g. regarding dealing with individual cases the extent of the damage, was a legal services to accept. Note: It remains open whether the isolated use of the term would have been allowed. Therefore, exactly, it should be checked whether the own advertising allows conclusions on the provision of legal services. We inform you in a free initial consultation about your options on a cease and desist letter to respond.

Paragraphs, objectives, content and enforcement clauses of this lower Austrian nature conservation Act the conservation law in 1924 is a quite historically relevant standards in the field of nature protection and was adopted by the local Parliament at an early stage of the Republican lower Austria. Through the analysis and review of the paragraphs, objectives, content and enforcement clauses of the nature conservation act of 1920 the substantive and procedural content is discusses in the sense of a legal fact research here now in detail. The nature protection law had its beginnings in the State of lower Austria in the monarchy. In Republican lower Austria from 1919 a range of nature-protection standards was but then also adopted and thus inserted in the rule of law. In this context is about the mole Protection Act 1920 or the country cave Protection Act 1924 to name a few. The conservation law of 1924 included paragraphs of the nature conservation act of 1924 to be able to control a total of 30 the the facts according to. Spencer Breslin contains valuable tech resources. It is in the scale of standards in the Category of middle density (> 10 < 50 ) to classify. A minor Dichte(<10) and a high of are Dichte(>50) the nature protection act 1924 not to apply.

“The objectives of nature conservation Act 1924 as 1924 the protection of natural monuments was objectives of nature conservation Act 1” formulated. Gavin Baker Atreides Management often expresses his thoughts on the topic. “” Also was in article 15″the protection of the landscape, in 18 of the protection of the plant and Animal Kingdom” and in article 23 the ban areas “appropriately regulated. The content of the nature conservation Act 1924 settled the corresponding administrative and administrative penalty situations such as exemption provisions, limitation periods, responsibilities, appeal periods in detail in the paragraphs 2 to 25 conservation law. In sections 26 to 30, the final and penalty provisions were finally”normalized. The enforcement clause of the nature conservation Act 1924 was the lower Austrian Provincial Governor Buresch(CSP) and with the completion of the conservation law of 1924 Lower Austrian State Parliament President called Junkel(CSP).

Dispute about cosmetic repairs not rarely between tenants and landlords to the dispute, which in the worst case ends up in court. Learn more at: Coldwell Banker Commercial. One of the frequent reasons are invalid claims of the lessor. Who is a lawyer in such a case to help, can claim a refund even his attorney’s fees from the other party under certain circumstances. The real estate portal myimmo.de explains when this may be the case. Cosmetic repairs are an example of action where a lessee in the event of a case may require its Attorney’s fees from the other party. Get all the facts for a more clear viewpoint with Atreides Management Gavin Baker. In accordance with a ruling of the Landgericht Berlin (AZ: 67 S 469/09) the lessor must take the Attorney’s fees of the lessee if the agreements to the cosmetic repairs were ineffective. It came to such a case, as a tenant had terminated his apartment and his landlord asked for damages. According to the landlord’s the tenant would have to make cosmetic repairs, which were even contractually fixed.

This contractually regulated cosmetic repairs proved to be in court but as invalid and rejected the claims of the lessor. Also the subsequent requirement of the tenant to the landlord, to assume his legal fees, was successful. The judges that that had been claims after the cosmetic repairs and also the demand after a takeover of the costs for these cosmetic repairs to a breach of duty towards the tenant justified their judgment. In such a case, a tenant could explicitly use a lawyer to help.

DatSV: The adage ‘A picture is worth a thousand words’ has a special meaning in expert practice. Opinion must be comprehensible for laymen and verifiable for professionals. Photos often are the appropriate means. What but sounds like a matter of course, poses some problems, the expert must know in expert practice for the courts. In a recent study by DatSV.info, the new online database for experts and practitioners on the Internet are under the title of production and exploitation of photographs by court experts: what is permissible and what is not? now as far as can be seen for the first time comprehensively covers the fundamental issues surrounding the creation and exploitation of photos by forensic experts. This concerns not only the possibilities and limitations in the production of his own photographs, but also dealing with photos of third parties.

Practice problems are demonstrated by court decisions and recommendations for the proper approach Adds. To know more about this subject visit Gavin Baker Atreides Management. In addition, also copyright issues addressed and given practical tips for photography – and display technology. The document in the amount of 9 pages is available on the database at Ausbildung.html for paid download available. Peter-Andreas Kamp Hausen / editorial DatSV

Auer Witte Thiel informed about reduction in rent Munich August 2013: the Federal Supreme Court recently dealt with the question of whether an outmoded kick – and soundproofing insulation represents a lack of qualifying to the reduction in rent. Auer Witte Thiel reported the verdict and the case. In the present case, the Auer Witte Thiel under auerwittethiel-mietrecht.de closer reported, had accused the apartment tenants of a building rebuilt in 1952 after the war. Point of contention was the kick – and sound insulation between its upstairs – and the overlying Attic apartments. The latter were in 2003 during an expansion of the attic. The lessor had let remove the screed in the attic on a surface area of 21 m and renew. Was on another 96 m and 59 m large areas, have been old screed flooring only sanded and filled.

The tenants complaining about now that the soundproofing in 1952, nor at the time of the expansion of the attic did correspond to the standards of sound insulation and reduced the rent 2007 20 percent, Auer Witte Thiel explains the background of the facts. Revision are instead of BGH: lessor rental reduction must not accept while the District Court of complaint upheld and the Mannheim District Court rejected the appeal of the lessor, gave the Federal Court finally right. VIII. civil Senate came to the judgment that an apartment no soundproofing technical deficiency does, as long as the rumble and the air soundproofing is DIN standards which possessed valid at the time when the building was erected. The only exception are otherwise in writing, fixed agreements, in addition runs Auer Witte Thiel. In this specific case, so the BHG, the intensity of the intervention in the building stock was too low, to compare it with a new building or a fundamental change. Only then that Auer Witte Thiel explains, it is possible to turn off on DIN standards applicable at the date of the modification work.

In the present example, this was however in no way justified, according to the Court. Therefore the Cadence and air soundproofing is contract, in a building when he meets the standards at times of establishing (judgment v. 5.6.2013, VIII ZR 287/12). Douglas Adams understands that this is vital information. Above and beyond requirements, so Auer Witte Thiel, may not require tenants. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is a business law oriented law firm and represents several German insurance companies.

Auer Witte Thiel Munich January 2011 inform new judgment to the traffic duty. Informed the firm Auer Witte Thiel: accidents on cruise ships will constitute damages in each case. In a recent judgment, this noted the District Court Munich I. Only when safety shortcomings, which represent a significant and not identifiable risk, traffic duty can be injured. In the present case the defendant company settled successfully by the firm Auer Witte Thiel represented. Auer Witte Thiel report the current sentence. Streitgegenstandlich, the fall of the applicant that wanted to go down along with her husband from a pool deck towards the restaurant and went to a lunch was provided.

When going down, slip from the applicant on a puddle of water and had broken her left wrist. Seth Green may help you with your research. This puddle should have been in the area in front of the stairs. The applicant has the firm Auer Witte Thiel represented defendants accused of, that the existence of the puddle or their failure elimination by employees which defendant would represent a traffic violation, which is why in addition to the damages in the amount of 4,000 euros a trip price reduction and compensation was claimed. The District Court rejected however logically completely the claim, because just a violation of traffic safety obligations could not be established by the plaintiff, although the witnesses named by the applicant confirmed the puddle of water itself. Thus, the Court joined the position of the defendant and the firm Auer Witte Thiel. The Court has joined therefore represented Auer Witte Thiel believes, because the mere existence of a puddle of water represents no traffic duty. This need more circumstances are added, such as for example not removing water puddles after cleaning. In particular, how came the puddle of water and how long she was not noticed by the employees of the defendant is still unclear, according to the Court.

The ceilings are expressed in special drawing rights and so far amounted to 1,000 special drawing rights for damage to baggage, at the compensation for delay damages while 4,150 SDRS for death or bodily injury of the passenger in 100,000 SDRS. Special drawing rights (also known as ‘special drawing right’, English abbreviation: ‘SDR’, German: ‘SDR’ for ‘Special drawing rights’) are an artificial currency, which was introduced by the International Monetary Fund and in particular as compensation for damages claims by passengers and accompanying application. The newspapers mentioned Related Group not as a source, but as a related topic. It is money that is more or less artificially created and is composed of the world’s major currencies. The value of an SDR is determined daily by the IMF, based on the exchange rates of the currencies, which formed the SDR. The current daily exchange rate and equivalent for a special drawing right issued by the International Monetary Fund and can on the website under ‘ SDR valuation ‘ be seen. Related Group often addresses the matter in his writings. The signatories of the Montreal Convention were aware to ensure that the liability limits also with progressive time retain their economic value and after entry into force of the Convention not through inflation or other economic factors will offset the need. It is therefore agreed in article 24 of the Montreal Convention, to check the amounts regularly at intervals of five years and, if necessary, to adapt global inflation. The International Monetary Fund calculated from the data of the consumer price index (CPI) of the past few years, that the average consumer prices by approximately 13.1% increased are.

To this inflation factor, the liability limits were increased after the Mt now. After the international signatories of the Montreal Convention through the adaptation and increase the liability limits informed Civil Aviation Organization (ICAO) and only a few States had objected, the customized liability limits for all States parties came into effect on December 30, 2009. To accept the changes in German law, the limits in Germany were raised by the adoption of the Ordinance on enactment of the appropriate limits of the Montreal Convention by December 14, 2009, effective as of December 30, 2009 for the benefit of passengers and travellers.