RIGHT-LEGALLY - Newsticker 04 + 05/2007 of 07.02.2007

Law office Kronenberghs http://www.rechtlegal.de (openPR) - industrial law - extension of limited contracts

With a quite special problem of limited contracts the Federal Labor Court (BAG) had itself to the Az. To concern 7 AZR 12/06.

The employer had equipped its coworker first with one on one year limited contract, at whose expiration the employer-employee relationship - again with limited contract - extends by a further year, which is so correct. However it had the salary of the coworker with the second contract slightly increased, which in principle so not is permissible, logically to an unlimited employer-employee relationship leads.

The BAG therefore got straight that a change of the work contract can lead in principle to an unlimited contract, if the change is not already accomplished during the current, limited contract.

For employers this that contract modifications are to be avoided with sequential, in each case limited work contracts tunlichst, is called instead changes in the way of the contract addition during the stipulation of a time limit to take place to rather have.

Insurance law - Kaskoschutz also with 200 km/h

The higher regional court (OLG) Cologne has itself to the Az. 9 U 64/05 Porsche driver driving quite briskly with one - as it should be also different - concerns.

This was verunfallt with approximately speed 200 without foreign being to blame for and required compensation of its insurances against all risks. As these itself, essentially supported by the high speed, complained the Porsche driver refused adjusting by the instances.

The OLG Cologne judged in the required shortness that at the accident place no speed limit existed, in addition the accident was based on a normal driving error. Therefore just as consistently the insurance against all risks insurer has to replace the damage of the Porsche driver.

Administrative law - complaint against opening times

In Berlin last yearly may open the business instead of as before on four Sundays in the year now on ten Sundays in the year since end, which does not fit the trade union Ver.di. Therefore this initiated a sample procedure, with which some Karstadt Verläufer sued Land Berlin because of the new store opening times.

The team of RIGHT LEGAL does not assume these complaints to some extent lead liberal citizen of Berlin Sundays regulation to a change that.

Air traffic - belt obligation at Lufthansa

Lufthansa introduced a general buckling obligation on all flights according to own data. Afterwards each traveler must fasten the seat belt during the entire flight, not as before only with takeoff, landing and turbulences.

The team of RIGHT LEGAL had already opportunity to convince itself at the beginning of of February 2007 on the flight Hamburg Frankfurt of it and was surprised not few, when after the start the buckling characters expired briefly.

Environment law - old vehicle regulation

Since at the beginning of can let dispose 2007 the last owner its Kfz free of charge, either by the manufacturer or the importer, independently of age and condition of the vehicle.

Bureaucracy dismantling

The European Union and the Federal Government brought, expect parallel programs for the dismantling of bureaucratic regulations in the economy on the way in it savings of EUR to 1.2 billion annually for enterprises concerned, about which for instance EUR 60 millions are to be allotted alone to the German middle class.

Simplifications are planned in the range statistics, record keeping, industrial law and further. The initiative is both from the Federal association of the German industry (BDI) as well as the German industrie and commercial day (Council of German Chambers of Commerz) as step welcomed in the correct direction, at the same time in addition, as not to a large extent enough criticized.

Life insurances - sample complaints on repayment

The team of RIGHT LEGAL had been concerned in the past several times with life insurance contracts, quit between 1994 and 2001, essentially with the height at the insured ones to carrying out repayments.

Despite that relevantly decision the Federal High Court (BGH) from October 2005, according to which the insurers are obligated to out-turn with premature notice at least 40% of the deposited amounts often ignore the insurers admitted their obligation.

For this reason the federation of the insured ones (BdV) made three sample complaints pending according to own data, reported on those the team from RIGHT-LEGALLY further, in particular also because of the opposing opinions the Verjährung. While the insurers of the opinion are, which is demands in the meantime falls under the statute of limitations, the BdV sees Verjährung only in the year 2010 for occurred.

The team of RIGHT LEGAL continues to report.

To good the latter - upswing continues

The Federal Government assumes the upswing, which already appeared in the last year continues in 2007. The economic growth is prognosticated with 1,7%, at the same time is to decrease/go back the number of the unemployed persons around one half million. Afterwards the unemployment ratio of up-to-date 10.8% on only 9.6% is to then sink.

Finally still another reference in own thing: Older ones new find you in our archives.


Their team of RIGHT LEGAL

TH. KRONENBERGHS - ATTORNEY - SECURITY ADVISOR
LÜNEBURGER STR. 54 - 21395 TESPE/ELBE - RA@RECHTLEGAL.DE
TELEPHONE 0 41 76/91 26 00 - FAX 0 41 76/91 26 02
www.rechtlegal.de

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