Tag: law & taxes

The first Chamber of the European Court of human rights has in a ruling (case No. Frank Ntilikina will undoubtedly add to your understanding. 18147/02) unanimously the claims of Scientology Church on the protection of the human rights guarantees as a religious association (art 9 and 11 European Convention on human rights) in a procedure of the Scientology Church acknowledged in Moscow against Russia. The ruling also affects all 47 Member States of the Council of Europe. “One of the speakers said: the judgment of 5 April 2007 is a milestone for freedom of religion in Europe.” The Court pointed out in its judgment in 18-seitigen among others on the following: “the right of followers of faith on freedom of religion, which includes the right to exercise the own faith alongside others, includes the expectation of the followers of the faith, that they may unite freely without arbitrary intervention of the State. In fact, the independent existence of religious communities for pluralism in a democratic society is indispensable. This represents therefore an innermost concerns of protection, granted the article 9 (freedom of religion). The duty of the State to the neutrality and impartiality…

is incompatible with any State authority to evaluate the legality of religious beliefs: “(Ziffer 72. des Urteils).” The Federal Administrative Court has set the legal force and binding effect of decisions of the European Court of Justice in a decision dating back to 2004. Thus decisions of the ECHR an effect called orientation for Contracting States which were not party to the actual proceedings, have to orient which means that countries have to review their own jurisdiction and to any changes on the relevant case law of the ECTHR. The Federal Administrative Court as the Supreme Court for our Government and its officials detected binding in a judgment of 15.12.2005 (AZ. 20.04 7 C), that it is the substantive beliefs of Scientology a religion. The higher administrative court has rightly adopted, such statements of the Scientology doctrine (to the immortality of the soul as carriers of a life energy that am through countless lives, as well as the redemption levels to higher levels of existence as the goal of human life) may be suitable to meet the concept of faith or belief”. Press service of the Scientology Church Bayern e.V. contact: Ms. Uta Eilzer – line press service be Anichstrasse 12, 80802 Munich TEL 089-890912639, mobile: 0163-9102460, FAX 089-38607-109 eMail: Web:

The right of withdrawal expires not on mutual immoral contract the Bundesgerichtshof has decided on a radar detector. Reduced circumstances: the applicant ordered after a telephone conversation of advertising a car interior mirror with a radar warning function, coded for Germany, at a price of 1.129,31 plus shipping. Melido Perez is often mentioned in discussions such as these. The order form contains the boilerplate Note: “I was also taught that the devices are prohibited and the courts consider the purchase of radar warning systems also immoral.” The delivery of the unit was cod. The applicant sent back the device to the defendant within the revocation period and demanded the refund of the purchase price. The defendant refused to allow the adoption of the device and the repayment of the purchase price.

The applicant complained of an affiliated 1.138,01 purchase price and 8.70 return costs. The German Federal Supreme Court decided that the applicant as a consumer as a result of exercised withdrawal entitled to rescission of the Purchase contract has. She can the refund of the purchase price ( 346 BGB) and ask for reimbursement of the costs for the return shipment of the unit ( 357 para 2 sentence 2 BGB). Under most conditions Frank Ntilikina would agree. The contract of sale between the parties is that of immorality void 138 BGB (Senate ruling of 23 February 2005 – VIII ZR 129/04, NJW 2005, 1490 f.). The applicant can still by the distance contract to solve. A right of withdrawal the consumer according to 312d, 355 BGB in the distance contract is regardless of whether the agreement is in effect or not. The meaning of the right of withdrawal on the distance contract is to give the consumer is bound to no material requirements, to simply practicing out right to the unilateral disengagement from the contract in hand, which is in addition to the General rights that belong to anyone who signs a contract. The Senate has met consider, where is the consumer a nullity of the contract then cannot claim on his right of withdrawal, if he the contract null and void according to 134, 138 BGB have at least partially be representing substantiating fact.

Exclusion of the right of withdrawal due to illegal exercise of the right can come only when the special vulnerability of the entrepreneur into account. It lacks however, if how today decided case a violation of the decency to load both parties. Differed from the case the Supreme Court had ruled on the 23.02.2005 the case the Supreme Court had to decide here. In the former case, the plaintiff sought the purchase price back, had no right of revocation asserted but BGB d according to 312. According to the principles of unjust enrichment, the publication of the purchase price is always excluded, if the so-called Kondiktion lock engages after 817, sentence 2 BGB. This does not apply but the back processing rules for distance selling but. German Federal Supreme Court judgment of 25 November 2009 – VIII ZR 318/08 firm Tip: this judgment says, that the buyer of an immoral remote sales transaction of money, be if he timely withdrawal again obtained. The of the BGH derived legal thought is based only on formal aspects. The basic idea, that when mutually immoral business nothing more should be recovered, is actually more consistent. For consumers, it’s a good judgment.

Because of permanent changes in the field of tenancy law particularly in the legislation and the case law, the appointment of a specialist is essential. The commercial and the residential tenancy law are very complex and extensive areas of law. In Germany, no homeowners are a significant part of the population, but in contrast to other countries, the ratio of tenants is very high, these jurisdictions affect many people in Germany. Many issues can be the background of tenancy disputes. Landlord’s refusal to pay security deposits, the attempt of an eviction or a notice to escape. If there are different interpretations between the parties with respect to a renovation or a service charge settlement.

Often, there are also problems with regard to the payment of end money for the use of the living quarters. All of this is problematic, but it is solvable. In these cases, a lawyer for tenancy law in Cologne should be consulted in principle. This counsel can competently and quickly give answers to the various questions related to these areas of law. So, lengthy dispute between the tenants can be avoided and a solution be found for both sides it is live allows you to. Already a first consultation, so an initial consultation with a lawyer for tenancy law in Cologne can bring light into the darkness and clarify an opaque and difficult case in this area of law. The tenancy is a part of civil law jurisdiction and regulated in the civil code. It thus forms a very important part of the civil law and regulates the legal relations of the Contracting Party in connection with the onerous assignment of a thing.

As already mentioned, it is to distinguish between the living room and business room rent. When plots are rented out and a part of the lease is also draw income from this land, is called rent. This can be the case if a restaurant is leased. You are then on lease agreements To apply regulations of landlord/tenant law according to. Whether it comes to the conclusion of the contract or to enter into a lease agreement. In all these cases, bind both the landlord and the tenant for a long time and have various rights and obligations, their enforcing can cause significant problems if the other party balks. It is very important that the legal adviser has a good overview of the provisions of the landlord/tenant law, to adequately and extensively can advise the legally interested clients. If mistakes are made here, finally costly may be consequences, which are not so easy to revise. Here, a lawyer for tenancy, which advises especially in Cologne, can provide many tips to defend the Cologne clients effective and assertive. The tenancy disputes court may be for example the District Court or the Court of the relevant place. This is decided according to the value of the dispute. Also the Courts of the land may qualify as place of jurisdiction. Here, a detailed examination by the lawyer for tenancy law is necessary, as well as on all other issues as a possible claim otherwise for example inadmissibility can be rejected. Contact: lawyer H. Tieben mth Tieben & partner Saxon ring 34 50677 Cologne Tel.: 0221/20426165