RIGHT-LEGALLY - Newsticker 50/2006 of 21.12.2006

Law office Kronenberghs http://www.rechtlegal.de (openPR) - industrial law - vacation with lack of work

The employer obligated contractually and allegedly effectively the employee to take in the case of lack of work vacation. When the employee should actually take vacation due to lack of work, it that did not fit, and he endeavored the labor courts.

In the second instance the Higher Labor Court Nuremberg gave to the Az. 6 SA 111/06 the employee quite and it decided that the economic risk, which in principle the employer carries not simply so, above all not without closer reason, on which employee may be shifted.

Industrial law - anti-discrimination law (AGG)

Hardly the new anti-discrimination law (AGG) stepped into force, gives it already the first case:

Three pilots sued Lufthansa because of discrimination. Pilots are opinion that the Lufthansa house collective agreement, to which pilots must already go with 60 years into pension offends against the general equal treatment law, so the official title of the law.

As soon as the team of RIGHT-LEGALLY the file reference of the procedure before labor court Frankfurt is present, this is supplied later. The procedure is by the way continued in March 2007.

Traffic law - red light and speed offence

The cities Munich, Dortmund, Kiel and other one partly replace their old “Ampelblitzer” by new models. With these it is possible to punish not only red light offences but at the same time also speed offences.

Who accelerates thus with yellow for the “avoidance of the red light offence” heartful, is then “to wind for the law” because of exceeding the speed limit.

Flight right - Schweissgestank and compensation

“Who stinks, does not fly not!” This is the principle of British Airways.

The enterprise did not carry a passenger due to substantial and evil-smelling welding smell, after the seat neighbour had concerning this weighted. The consequence was itself hieran a following compensation process, which went over several instances up to the higher regional court Duesseldorf, after before the compensation complaint over EUR 2.200. - to the Az. I-18 U 110/06 rejected was. In addition, with the OLG the evil-smelling aircraft passenger meet with a rebuff.

The team of RIGHT LEGAL draws the conclusion from this and means: “Against certain measures one should better does not anstinken…”

Traffic law - shaving and singing

Who telephones to tax of its Kfz with the mobile phone without free speech mechanism, better, like the higher regional court Hamm should invent its excuses to Az. 2 Ss OWi 528/06 to the driver concerned in the judgement way communicated.

This justified, however only in the judicial procedure, not already before, its activity in the traffic as shave with a Akkurasierer under simultaneous Mitsingens of the songs running in the car radio. The OLG judges considered this letting in fantasievoll, nevertheless however for a pure protection statement.

The team of RIGHT LEGAL points out that like “straight lines I dictated less fantasievolle excuses a writ to the Federal High Court, when they did not stop me…”, higher chances of success offer, since dictating is in principle not forbidden to tax to also without free speech mechanism, anything the are despite however just as dangerous.

Lemonade - explosion adhesion

The Federal High Court has to the Az. VI ZR 223/05 an explosive topic to decide must, i.e. the question carried by fundamental right meaning, who is responsible for in the supermarket suddenly and unexpectedly exploding Limonadenflaschen. , The thing up to the highest German civil court went to there Limofla not daily “lift-off”.

The BGH is in its judgement to the result come that the operator of the supermarket does not cling, the manufacturer of the char-acid beverage to be only taken up can.

Occupation right - flu and periods

The Federal High Court (BGH) has in time posed at the beginning of the flu season the professional duties of lawyers gotten sick at short notice clearly to the Az. I ZR 53/05.

If thus a lawyer is unforeseeably from the perception of a date prevented, it must do all possible one and reasonable one for it, so that the court experiences in time from its prevention, so the general principle.

The lawyer concerned was in the night before that Gerichtstermin according to own indication in such a manner heavily at flu gets sick that he - so also his anwaltliche insurance - which date could not notice on the subsequent day because of fever, headache, reducingness and nausea. At it, a colleague tried to call 7.06 o'clock - in vain. At 8.56 o'clock its second attempt, this time the court to reach, failed where few minutes later, i.e. at 9.00 o'clock was, beginning of negotiation, likewise. Only at it created 9.37 o'clock our lawyer, a fax over its desolate condition to the court to send, however already 7 minutes before, i.e. at 9.30 o'clock, which had spoken negative judgement for “our” lawyer.

Which passed scarcely two hours between 7.06 o'clock and 8,56 o'clock however into that, and broke to our lawyer the “flu-ill neck” remained unsettled. In any case one, so the BGH, had missed the lawyer it to inform in this time, either about its Kanzlei or directly, the court.

To good the latter - only positive

As already in the previous year has the team of RIGHT LEGAL striven to take up to this the latter more newsticker the yearly 2006 only positive or strange messages.

Therefore we do not report here also on the increase of the VAT, other tax eight-hurry, the changed distance lump sum, the increases of the contributions of the legal health insurers and so on to and so on.

Instead we wish glad Weihnachtstage, a good slide to our readers in the new year and all property for 2007.

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

Their team of RIGHT LEGAL

TH. KRONENBERGHS - ATTORNEY AND 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
http:/www.rechtlegal.de

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