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Author Archives: Buse Heberer Fromm

Bockenheimer Landstraße 101
60325 Frankfurt am Main
Germany
E: buse@legalknowledgeportal.com
T: +49 69 989 7235 - 0
F: +49 69 989 7235 - 99

Buse Heberer Fromm is one of Germany's large independent law firms. More than 100 qualified attorneys and tax consultants advise national and international clients in all areas of commercial and tax law from six locations throughout Germany (Berlin, Dusseldorf, Essen, Frankfurt am Main, Hamburg and Munich), and at international offices (Brussels, London, Milan, New York, Palma de Mallorca, Paris, Sydney and Zurich).
By pooling core competencies in company-wide integrated Practice Groups, Buse Heberer Fromm guarantees optimum, customised solutions for the implementation of projects and transactions of all sizes. As a law firm focusing on medium-sized companies, Buse Heberer Fromm attaches great importance to the individual support of its clients, personal advisory services, and continuity in its client relationships.
Working while you sleep?

Working while you sleep?

Remuneration for on-call Services under the Provisions of the Minimum Wage Law. (Federal Labor Court, decision dated November 19, 2014 – 5 AZR 1101/12) The plaintiff was employed as a caretaker in one of the nursing homes run by the defendant. As well as nursing care, domestic care for patients ... Read More »

Employment relationship with agency despite a license for the supply of temporary workers of the contractor

Employment relationship with agency despite a license for the supply of temporary workers of the contractor

(Higher Labor Court Baden-Württemberg, decision dated December 3, 2014 – 4 Sa 41/14) The defendant agency GmbH has used the plaintiff continuously in the same department at the same jobsite since 2011. The plaintiff was not employed by the defendant, but by three successive third-party contractors. The use of the ... Read More »

Collective bargaining and public procurement laws in North Rhine-Westphalia

Collective bargaining and public procurement laws in North Rhine-Westphalia

New Requirements for the Public Procurement of Services in regards to Minimum Wage under Public Procurement Law (European Court of Justice, decision dated September 18, 2014, Az. C-549/13). Since being introduced in 2012 the “Law on Securing Collective Bargaining and Social Standards as well as Fair Competition in Public Procurement” ... Read More »

No co-determination for dummy cameras

No co-determination for dummy cameras

(Higher Labor Court of Mecklenburg-West Pomerania, decision dated November 12, 2014 – 3 TaBV 5/14) If an employer plans to monitor the behavior or performance of employees by introducing or using technical systems that are designed or at least suitable for such purposes, the Works Council is entitled to an ... Read More »

Best price clause of the HRS hotel booking portal violates antitrust law

Best price clause of the HRS hotel booking portal violates antitrust law

(Higher Regional Court in Düsseldorf, decision dated January 9, 2015 VI – Kart. 1/14 (V) [not yet legally binding]) The clause of a hotel booking portal holding a dominant position in the market that prohibits registered hotel operators from undercutting the room prices offered on the booking portal through other ... Read More »

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

(Federal Labor Court, decision dated September 24, 2014 – 5 AZR 593/12) Many labor and collective bargaining agreements contain so-called double hold-harmless clauses that initially provide, within certain dates, the extra-judicial enforcement of alleged claims under the employment relationship and then demand their judicial follow-up within a further period, insofar ... Read More »

Making working hours more flexible

Making working hours more flexible

Restrictions on On-Call Work (Higher Labor Court Berlin-Brandenburg, decision dated October 16, 2014 – 21 Sa 903/14) When it comes to location and duration of working hours, the interests of the company and the employees generally widely diverge. The company desires a far-reaching scope of action to be able to ... Read More »

German Law: Subletting an apartment with “AirBnB” can lead to termination of tenancy agreement without notice

German Law: Subletting an apartment with “AirBnB” can lead to termination of tenancy agreement without notice

The Berlin regional court ruled that unauthorized subletting of an apartment is a violation of a tenancy agreement that allows the landlord to immediately terminate the tenancy agreement without further notice and warning (LG Berlin, Az 67 S 360/14). Berlin is popular among tourists. They often use the website AirBnB ... Read More »

Return of unwanted goods in the EU – Business in Germany

Return of unwanted goods in the EU – Business in Germany

One of the key legal concepts underlying e-commerce and distance distribution is the consumer’s right of withdrawal from the contract within a “cooling off” timeframe of 14 days. In Germany on June 13, 2014, a new legislation implementing the European Directive on Consumer Rights (2011/83/EU) became effective. The new legislation ... Read More »

New guidelines on German VAT groups

New guidelines on German VAT groups

As a rule, affiliated companies are subject to VAT on a stand-alone basis, unless they belong to a VAT group.  Within such VAT group, the controlling parent company is considered as the sole VAT entrepreneur and has to file consolidated VAT returns for all VAT group members. Transactions within the ... Read More »

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