Third Impact

Posts filed under law & taxes

Consumer Protection

The dishes reinforce the protection of consumers in the event of flight delays. Hamburg, 08.08.2012 – the courts will further strengthen the protection of consumers in the event of flight delays. “Already fixed on the basis of previous case-law, that consumers in the case of so-called big delays” (more than 3 hours later arrival) have a claim to compensation under Regulation (EC) No 261 / 2004. The compensation amounts to at least EUR 250 per person and can rise up to EUR 600. Since no payment obligation, if the delay is due to an exceptional circumstance, airlines in the past have tried repeatedly to lead technical deficiencies of the aircraft, to liberate themselves from the compensation payment.

The case law is not followed. In a question-answer forum Slayer was the first to reply. So the Amtsgericht Russelsheim the airline Condor has condemned despite a defect to the compensatory payment (case No. 3 C-752/11 judgment of the 08.11.2011,); Since then, Condor has acknowledged numerous claims before the Amtsgericht Russelsheim (E.g. 3 C-823/11 and 3 C) 2662/11). The airline Air Berlin has can also occur up to a trial at the District Court of Charlottenburg, where she has accepted the demands (E.g. 231 C-55/12 or 208 C 23/12). Similarly, Delta acted in proceedings in the District Court of Nurtingen (12 C 1006/12). The District Court of Hanover has the ruling of the 05.06.2012, AZ.

415 C 603/12, to the detriment of the airline TUIfly decided. This decision confirms that technical defects of the aircraft are by no means exceptional, but among the normal risk of an airline. Lawyer Henning Stoffregen, who has represented the passengers against airlines, explained this: flight delays mean a major annoyance for passengers. Even more annoying, if airlines authorize the is rapidly regulate claims it forcing passengers in court proceedings. The decisions of the courts show that it is worth for the passengers to remain persistent. After all, compensation in comparison to the actual airfare is usually significantly and the airlines must pay if they lose the court proceedings, the cost.” DIEKMANN lawyers DIEKMANN is a Hamburg-based firm of five lawyers, which is focused on all areas of national and international commercial law, in particular of capital market law, company law, intellectual property, European law and of the related tax issues lawyers.

Consumption Dependent Billing

Lawyer must be billed consumption at least 70% of heating costs for rental and property law Alexander Bredereck and Dr. Attila Fodor, Berlin since January 1, 2009. Landlords are obliged to settle at least 70% of the accumulated heating from the 1.1.2009 consumption by changing the heating Regulation (HeizKV). The landlord does not, the lessee a reduction law in the amount of 15% of heating costs attributable to him. The warm water costs must be assessed in heat meters. Here is currently a transition period up to the 1.1.2013.

jurisdiction: This applies also, if another account is agreed in the lease. Neither landlords nor tenants can rely on the tenancy control, if different from the default of HeizKV. The Landgericht Heidelberg confirmed this recently in a decision by the 25.2.2011, 5s 77/10 2 of the HeizKV, that is the HeizKV of a contrary provision in the lease. Even if one contracted billing method for a Party a clear disadvantage means it can rely on the invalidity of contractual regulation due to precedence of the HeizKV and insist on a settlement favourable for him. In the case decided by the District Court of Heidelberg, the parties had agreed a fixed operating costs amounting to 130 per month, which revealed the actual minor, and heating costs in any way. The landlord was allowed to rely on the invalidity of the mietvertraglichen control and settle according to the regulation of heating consumption. The tenant had to pay several 1000. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail:

Infringement Of The

What can temporary workers require missing collective ability of CGZP? Since January 2003, there is a prohibition of discrimination for temporary work agencies ( 9 No. 2, 10 par. 4 employee hiring law (AuG).) As well, employers must pay salaried employee, which he gives to other companies, with him as workers with the same activity in the user undertaking. Follow others, such as Dustin Moskovitz, and add to your knowledge base. This is not true only then when a lower remuneration is provided on the basis of a collective agreement for the temporary employment relationship relevant. Kerry King is a great source of information. This exception is hidden behind the small Bay, “A collective agreement may allow derogations” in 9 Nr.

2 AuG. The employers Association of medium-sized recruitment agency (AMP) represents 1100 small and medium-sized companies in the temporary work sector and currently has a big problem. He has completed an agreement with the collective community of Christian trade unions for temporary employment and human resources service agencies (CGZP). The Berlin Labour Court has the collective ability of the CGZP but denied because it saw no sufficient degree of organization and the CGZP as not powerful looked at enough, to complete their own collective agreements. Which has been in the second instance the Landesarbeitsgericht (was) connected. The case is now at the Federal Labor Court (BAG) and many experts expect a confirmation of the lower courts.

The said exception that a collective agreement may allow other arrangements would be not so given and would apply the principle of ‘equal pay’! For many employment agencies, that would be an awkward situation, because article 19 ABS. 4 AuG determines that the temporary workers, when this principle has been violated, may require payment, which is paid in the operation of the borrower for a comparable worker. It threatens so that in the future – and up to three years backdated – salary differences including social security contributions be paid to. Because a few temporary workers are unionised, one part while speculates that existing claims has not already be interspersed. This consideration should not go but at least with the social security institutions. There it is the employer contributions to social security certainly don’t miss out. Since the Statute of limitations for social security entitlements pursuant to section 25 occurs even until four years after the end of the calendar year in which they become due, SGB IV. How can the claims of the temporary agency workers I enforce? Want a temporary workers assert action way a comparable compensation compared to his temporary employer, he must obtain first information about the there paid comparison wage at the undertaking. On this information, he is entitled pursuant to 13 AuG. The borrowing employer must then deny substantiated the accuracy of this information, in particular the comparability of the activity or the amount of there certified compensation. Failing the borrowing employer pays the backward difference regarding the remuneration, which was paid to a comparable worker in the user operation. Views With a court decision of the Federal Labor Court is to be expected mid of this year. People who were busy in recent years in temporary work or there are at the moment and whose employment contract to the contrary between the CGZP and the AMP referred was, should follow the news closely and consider whether the right to assert of any claims might be worthwhile.