22. May 2021 · Comments Off on Severance Payments · Categories: News · Tags: ,

A note from specialist lawyer for employment law Alexander Bredereck, Berlin-Mitte: employers and works councils in the context of a social plan may provide for a maximum amount for the compensation? In one of the Federal Labour Court (1 AZR 566/08 judgment of the 21.7.2009,) determined case an employee had sued the employers to pay higher severance of the social plan. (Source: Arkansas University). The background was that according to the criteria of social a much higher compensation would have been to the workers. In the plan amount applicable for all workers, and so on was agreed but regardless of age, length of service. The Federal Labour Court has deemed a such maximum limit allowed. Of the maximum limit the older are naturally more and more employees affected. Vladislav Doronin recognizes the significance of this.

This in turn would anyway retiring in the foreseeable work. Because the cash benefits in the context of a social should mitigate above all the economic consequences of job loss, unless appropriate to assume that they are to receiving retirement pension, be limited for older workers through the timely opportunity. Therefore, also the compensation amount is generally limited. Note, however, that the Federal Labour Court expressly left open, whether the case against the background of the first later enacted in general equal treatment Act would be different. The chances of success of an action should be therefore in any case check workers, where the social plan indemnity on the basis of a maximum provision in the plan was reduced. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law E-mail:

12. March 2021 · Comments Off on United States · Categories: News · Tags: ,

In food supplements is also to be expected that the scope of the regulation with the number of rejected claims will increasingly gain in importance. Because some of the affected companies are attempting to circumnavigate the regulation. It is interesting especially at the so-called beauty food, which is intended to influence the look from the inside. Here you can certainly argue whether statements that relate to the beauty (“anti aging” etc.) are within the scope of the regulation. That depends on how to lay out the concept of “health-related”statement. The calls are at least back up a customization or even abolition of the health claims regulation. For example, the introduction of a ranking system (gold, silver, bronze) is proposed, whereby statements classified according to the degree of their scientific durability be. A similar system is used for several years in the United States.

As already mentioned, is also required to include data and statistics through a traditional and historical application of individual food in the assessment. Also, it is required to publish rejected claims by legislation. The impact of any such publication can have serious consequences for the companies involved, especially when competitors make these publications to their advantage. Continue to the stay of proceedings discusses during the evaluation by EFSA, to facilitate a dialogue between the company and the authority. Critical dossiers could be improved in this way, without that applications would have to be made new. So far was a dialogue with the EFSA only in advance of the approval procedure.

It will be now to be seen whether the Commission uses all the previously assessed claims on the negative list. Also to be seen will be, like the next reviews of the EFSA, the in the February of next year to be published, will be. Here, too, should the negative decisions outweigh, the impact on the industry, especially for small and medium-sized enterprises, must be investigated exactly.

11. March 2021 · Comments Off on Red Bull · Categories: News · Tags: ,

Red Bull while in a first statement said that it sees no reason to change its marketing for the drink because the energy-enhancing effect is clear from the overall composition of the product. You will however have to wait how the attitude of the company will be, if the claim on the list of rejected statements. After all, it’s the bull characterize the product, obtained from the taurine. Yet one must be in a such a strong market product such as Red Bull hardly worry. The fact is that millions of people the product worldwide buy and as long as they feel a burst of energy to the consumer, will hold from the purchase by a negative scientific opinion to one of its components it is let. The rest is Red Bull a fine example of the demand of many, much like in the pharmaceutical sector, to include the traditional use of a product in the scientific assessment. Also in the area of food supplements, many products are already affected.

So was the Glucosamine – / Chondroitin supplements throughout Europe including the vitamin supplements to the best-selling dietary supplements, denied a positive effect on bones and joints. The authority for products, the shark cartilage powder and green lipped Mussel extract comes same results included. Major point of criticism on the dossiers for Glucosamine and other substances was that no studies in healthy populations have been presented, but the submitted studies relating exclusively to patients with diseases. By the undertakings concerned, it is required now, that studies on health must be taken into account. Hereby the company go but on thin ice, because with this line of reasoning there is a danger that authorities the products not classified as food, but as a regulated drug. It does not refer to these studies in the pharmaceutical sector, in turn risks, that the products ineffective are classified as, precisely because there are no valid studies on healthy people.

11. March 2021 · Comments Off on Red Bull · Categories: News · Tags: ,

The hopes that it would otherwise run 13.1 claims in the article, were however largely disappointed. Because with the release of the first opinions on the article 13.1 claims on October 1, 2009 EFSA makes no distinctions between the different types of claims, but requires the same evidence of efficacy for all claims is established. Article 13.1 claims are those that relate to growth, development and functions of the body or to psychological and behavioural functions of the people as well as information related to body weight. These claims make up the majority of all health-related statements for food. EFSA has examined more than 500 of information affecting over 200 foods and food ingredients, including vitamins and minerals, fiber, fats, carbohydrates, probiotic bacteria, and botanicals. The failure rate for the claims is approximately 70% and is therefore not much lower than the rate for the articles 13.5 and 14 Claims, amounting to about 80%.

Mainly manufacturers have been hit hard by probiotic dairy products. Here, not a date the claim was able to convince the EFSA. 181 probiotic dossiers, all fallen through. However it was only 10 dossiers to the required cause related. The other 171 dossiers already failed, that the relevant strains of bacteria were not sufficiently characterised according to EFSA. Europe-wide famous “Activia”, “Actimel” and “Yakult” probiotic products have not been investigated so far by the EFSA. It will be therefore eagerly await, whether the authority for these products comes to the same result, apply precisely this food as a pioneer for the use of health claims.

Rejected the claims are also world famous brands such as the energy drink “Red Bull”. No energy-promoting effect is the fabric it contains taurine according to EFSA. Criticism had the authority the submitted dossiers in particular the length of the studies and the size of the target groups. Also the underlying the studies dose a lot was higher than that in the drink.

10. March 2021 · Comments Off on The Tax Gift 2010 · Categories: News · Tags: ,

Tips for privately insured persons where light is, is inevitably also shadow, says of the vernacular. And as private people with health insurance with a deductible should not too soon enjoy the 2010 coming into effect tax gift. Finally, a refund of contributions not worthwhile in any case. Legally insured persons, however, benefit from the new law, with a large part of the contributions to health and long-term care insurance tax is deductible. The private krankenversicherung.de insurance Portal explains when it’s worth also privately, to submit the annual amount of the expenditure. See The Blackstone Group for more details and insights. As a general rule that all services of private health insurance companies, which are coming which statutory insurance, tax can be removed without any disadvantages. Typical for private patients, additional tools must be removed however.

These include for example refund of naturopath visits, chief physician services or agreed single clauses. The new law thus provides many Privately insured deductible before the question even if worth a contribution refund. If the privately insured benefits at the end of the year from a 1,000 euro high reporting of disease spending, it reduces the deductible amount to the same height. Because the marginal tax rate is 42 percent, he will receive insured 420 euro of less from the IRS. In the case, that would mean a refund of only 520 euros. Who this is compared more disease spending in the year, may submit the Bill to his advantage. More information: news.private-krankenversicherung.de/tipps/… Contact: Lisa Neumann University first media GmbH barefoot streets 12 04109 Leipzig Tel: + 49/341/49288-240 fax: + 49/341/49288-59

06. February 2021 · Comments Off on Gerhard Pfennig · Categories: News · Tags: ,

A great read advantage is also that the journalist can inform quickly while the lawyers needed more sources to deepen. The style of the author is understandable and very readable also for legal laymen. Example to the aspect of “Copyright and concept of the work” the legal relationship between author and work are divided into two large complexes in the scheme of the Act: on the one hand that? Moral rights, the intellectual and personal relations protect the creator to a factory like a mother-child relationship”and on the other hand which denied – or marketable? Rights of use. To come? Compensation claims are then available to the copyright when the legislature permits the use of a work by the general public or schools, universities and other facilities for the provision of education and science, but, as consideration is incurring because of a restriction of the rights of the copyright.” An example of this is the use of works of art in the Internet works of art on the Internet. Penny shows that introducing often today reported the supposed freedom on the Internet represents a fatal misjudgment. Without approval of the works copyright nobody protected works in the network meet ‘, i.e.

for third party access. You may want to visit Bureau of Labor Statistics to increase your knowledge. Who so developed a musical database for private purposes from his MP3 player using legal downloads, is eligible for the private enjoyment of music; Once this database but also stored on the hard drive of a Web-enabled computer, other users made accessible via the Internet, the holder complied with protected rights of composers and producers.” The book shows up not just copyright infringements through Internet uses, but there is also evidence, as rights holders now due to the amended section 101 the particulars may claim copyright law by ISPs to assert their rights. Penny enters the artists social welfare fund and other institutions in addition to the copyright treatment of the theme of art as such, on the social security, important problems of the Kunstlersozialkasse, in 2008 nearly 160,000 artists and publicists were insured. In addition outlined the important book, rights and responsibilities important institutional corner Peiler of professional existence like the Verwertungsgesellschaft Bild-Kunst. But also the substantive as procedural requirements in the area of copyright law are clearly laid out in short Sections also for the educated layman of law clearly represented. Target group: Artists, art dealers, media lawyers and art lovers the book aimed primarily at artists, art dealers, media lawyers and art lovers. It provides important information material in addition for anyone interested in works of art (and this already applies to one who uses third-party intellectual creations on its Internet home page).

It is an excellent reference book for all relevant subjects of copyright on the art market. The presentation is rounded off by a larger excerpt of the current copyright law, as well as an index. Gerhard Pfennig: art market, right. Introduction to the law of art creation and the exploitation of art. Volume 7 of the Berlin library copyright.

29. June 2020 · Comments Off on Ordinary Termination · Categories: News · Tags: ,

Landlord must subjugate students not to the cancellation waiver. Landlord may not subjugate students who are instructed to carry out an external study on a dorm room, the exclusion of the termination in a form in terms of the lease. Such a provision is also void if the landlord for this period also waived his proper right of termination. This has among other things for living questions competent VIII. civil Senate of the Federal Supreme Court found (AZ. VIII ZR 307/08). In the underlying case, a student had completed such a lease with the institution of a residence.

He wanted to take off before the end of the two-year period, what denied him but the dormitory administration, citing the mutual cancellation waiver. The German Federal Supreme Court declared the clause invalid, because student tenants is unreasonably discriminates. Differently than an ordinary tenant a student must be due to its study situation always by his ordinary Termination right can make use. Many students attend study abroad during their studies. During this time, they must give up their dorm room for cost reasons, because they would have to pay rent or twice. Some students must cancel also graduated prematurely and may then not unnecessarily long bound by the lease. Such situations are hardly predictable according to the Federal Supreme Court judge. Landlord must therefore take into account the interests of students.

14. March 2015 · Comments Off on Inheritance / Gift Tax For Property Owners Reduce · Categories: News · Tags: ,

Design options save taxes let after new law even after the new inheritance / gift tax law: protection of Schenker the threshold, volunteered to type laboriously acquired assets, the hand is very high. The parents fear losing their influence on their assets. This is often overlooked, that only the IRS rejoices over so much restraint. The children inherit later, they have to pay high taxes if necessary. The backup needs of parents can be worn on other account. Despite donation of the House, for example, a lifelong right of residence can be granted to them. Rented objects, parents can still take the rent by granting a so-called usufruct. Also called rules of conduct should be the donation contract”recorded that will prohibit, for example, the sale or the borrowing of the real estate.

Owner-occupied residential properties with a donation to the spouse no solve the owner-occupied house or the owner-occupied condo Gift. In the succession owner-occupied house or the owner-occupied condo when the spouse is also tax-free, but only if he inhabited the House for 10 years even. An exception is here only if he is prevented from overriding reasons relating to the use of the self, for example, when a stay in a nursing home is necessary. The acquisition by the children is in the succession under the same conditions exempt, but only up to a floor space of 200 square meters. Rented residential properties rented residential real estate are tax to 10 percent. The transfer of leased residential real estate is erbschaft-for you / gift tax significantly less expensive than the transfer of leased commercial properties.

Not all parents have accumulated their wealth in real estate money equal to real estate. Many have blocks of shares, fund units or a savings account. Money with the obligation, to buy a certain property to left, for example, their children. The transferred sum of money must be at least 10 percent of the future Land purchase price amount. The Treasury acknowledges this design as indirect land donation, puts money equal to real estate and evaluates the donation with the tax value for real estate. Although the tax values for real estate by inheritance tax reform have increased, yet still a savings in sometimes on this way. “Real estate company” who think about it, to give away a particularly large housing stock, should urgently with a tax law expert advice. There are various possibilities to tax cheap to pass large assets. The “real estate company” can be for example a GmbH & co. KG. The real estate assets leased for residential purposes is so extensive that there is a housing company, a complete tax exemption is possible within the framework of the business assets reductions in the inheritance/gift tax. The company also allows the transfer of assets (shares) on the next generation, without that you your Influence on the ability to give up. Petra Weichert lawyer, specialised in tax law, diploma financial landlady (FH) Bergisch Gladbach, Cologne area weichert