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The termination agreement – Key aspects under German labour law

The termination agreement – Key aspects under German labour law

There are many reasons why, in individual cases, the parties to an employment contract wish to part company or one party unilaterally terminates the employment relationship. One possible reason is the avoidance of dismissal proceedings, which entail risks for both parties. Alternatively, the parties may wish to quickly and smoothly ... Read More »

A commercial agent’s entitlement to indemnity: can this really be excluded?

A commercial agent’s entitlement to indemnity: can this really be excluded?

In Europe, commercial agent legislation is based on a uniform European directive (86/653/EEC) and is therefore largely harmonised and enshrined in law. The Directive provides for mandatory implementation by national law of some provisions in the respective national law, i.e. principal and commercial agent cannot deviate from this. Contractual agreements ... Read More »

What applies if a EU trademark having a reputation did not acquire a reputation with the local public in a state?

What applies if a EU trademark having a reputation did not acquire a reputation with the local public in a state?

A European trademark having a reputation in the EU will not always be recognised in all EU member states. Indeed, the trademark may not have a reputation at all in some member states. According to the EU Trademarks Directive (article 4 paragraph 3), an EU trademark having a  reputation enjoys ... Read More »

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Facts Two commercial internet traders were parties to a dispute upon which a decision was taken in October 2015 by OLG Hamm. The defendant company operates in such market sectors as commercial electrical and electronic equipment, coffee machines, refrigerators, and washing machines. It utilises general terms and conditions that include ... Read More »

The ‘entire agreement clause’ vs. the Haviltex standard

The ‘entire agreement clause’ vs. the Haviltex standard

Commercial contracts often contain an ‘entire agreement clause’. An entire agreement clause stipulates that the written agreement contains all the arrangements between the parties and usually reads along the lines of: “This agreement constitutes the entire agreement between the parties”. This article discusses the effect of an entire agreement clause ... Read More »

UEFA’s financial fair play rules: prohibited restriction of competition?

UEFA’s financial fair play rules: prohibited restriction of competition?

UEFA’s Financial Fair Play rules (FFP rules) require football clubs that have qualified for European football to, briefly put, not spend more money than they bring in, over a reference period of three years, (the break-even requirement). This is UEFA’s attempt to clamp down on debt-laden clubs – whether or ... Read More »

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