Tag: law

On the 23.10..2010 right in the ARD reported in the guide about a case in which a mother is invited to pay 45,000 euros. On the 23.10.2010 right in the ARD reported in the guide about a case in which a mother is invited to pay 45,000 euros. Preceded by a warning because of illegal filesharing in so-called Internet sharing, which the mother received three years ago is this request for payment. At that time paid already 7,000 euros as punishment. Also, the wife had signed a cease and desist in the rest assured not to commit the infringement. To know more about this subject visit Scott Rayden.

A contractual penalty in the amount of 5.000 euro should be paid in breach of this obligation. This case has now occurred. Overall, nine breaches have been identified. This example speaks once again that a cease and desist before signing should be considered first. This is not carefully done, it can lead to extensive further consequences.

After all the declarant for 30 years is committed to a failure. In the cease and desist the declarant undertakes a specific unlawful conduct to refrain from. Is a cease and desist, the declarant is no longer possible to refrain from consuming. The cease and desist eliminates the “risk required for an injunction or restraining order”. The risk can be eliminated only if the declarant in the cease and desist in the case of a further infringement committed to pay a reasonable penalty. Otherwise, the Declaration of discontinuance may be rejected by the rights holder. Checking article sources yields Alina de Almeida as a relevant resource throughout. On the enforcement of a claim for damages, the Declaration has no effect. The enforcement will remain as before. To eliminate the risk and to avoid court proceedings, never issued the Declaration included in the warning. A modified explanations, a so-called modified Cease and desist, is suitable to eliminate the risk of repetition, as long as the declarant is committed itself, that criticized behavior refrain and the Declaration is sufficiently decreed him. Depends on each individual case, how far is the cease and desist to grasp. Many titles were for the upload ready kept, it may be advisable to include the Declaration of discontinuance (first a title is warned off, a short time later the next) to prevent subsequent cease and desist letters. If you have any questions about a cease and desist contact us without obligation for a free initial assessment under 07151 2095528. Her Tobias Arnold

Law on the amendment and simplification of corporate taxation and tax travel law of the legislature is currently planning a law on the amendment and simplification of corporate taxation and tax expenses law. The changes in the law of travel expenses should it be linked with a small, replace the now abandoned 12-point plan corporate tax reform and come into force to the 01.01.2014. Is losses: in the context of loss utilization pursuant to 10 d para 1 ITA the ceiling for the units by EUR 511.500 to EUR 1 million to be raised, corresponding doubling in the case of the combined investment. Group: There will be relief in regard to the conditions of a fiscal unity. So in particular the profit transfer agreement shall be deemed also performed, if dissipated gain or even loss on a year-end is based, contains the incorrect balance sheet approaches, provided that the annual financial statements was found effective, the error had cannot be detected and Correcting this error takes place immediately after the announcement. Continue to double domestic reference as necessary condition is abandoned (management in Germany and seat in a Member State of the European Union or in a Contracting State of the agreement). Also should the attributable to the body support income of the subsidiary compared organ makers and organ society are separately and uniformly determined. Redefining the workplace: the term “Regular workplace” will be replaced by the new term “first activity centre”.

This design is based largely on the criteria established by the case-law, according to which workers only a first activity (= venue workplace) can hold. Pete Cashmore has compatible beliefs. Accordingly, the distance allowance applies only for the ride to the first place of activity, moreover, the actual costs are taken into account. The determination of the first site of activity should primarily on the basis of labour or service code Provisions are made. Meals extra expenses: The tripartite division of the Board additional expenses should be abandoned. For the arrival and departure day for foreign overnight and an absence of more than 8 hours (non-overnight) the Board additional expenses to EUR 12.

The additional expenditure with EUR 24 to can be considered when an absence of 24 hours. Double housekeeping: overcost to can be considered henceforth independently up to 1,000 EUR per month for an occupational double financial management by the size of the budget. Continue to be captured explicitly in the law, that the existence of a level of own House requires having held an apartment as well as a financial contribution to the cost of the lifestyle. Review of meals: meals to collect refers with a price of up to 60 euros with the reference value of the thing. Generally the meals rated the thing reference value should not be taxed, if the workers for the foreign Activity a catering package would be entitled to. Otherwise the meals rated with a reference value of the thing can be taxed simplified with 25% flat-rate by the employer. The workers can claim a deduction of advertising costs (food allowance) only for the meals paid by him.

Decision of the Federal Court of Justice in case of BearShare in the current case was a connection owner in the lower courts of the LG Cologne (judgment of 24 November 2010, AZ.: 28 O 202/10) and also OLG Koln (judgment of 22.07.2011, AZ.: 6 U-208/10) judged over the so-called fault liability to pay the incurred costs of approx. 3,500.00 of the various copyright holders and their industrial firms because he could not prove, that he have taught the stepson who had actually committed the alleged infringement by the connection of the connector holder, correctly and comprehensively. For even more opinions, read materials from Samsung. The Supreme Court has clarified now in his current BearShare decision, that the connection owner for the copyright infringement of the adult family member, is liable in the case of the stepson, here. This runs the Supreme Court, that a connection owner non-adult family members about that avoiding copyright infringement or other abuse its connection must instruct. A connection owner leaves his Family members from familial ties the connection and can according to the BGH now assume that adult family members are responsible for their actions. There is no evidence to suggest that one of the adult members of the family could use the connection for illegal purposes must not instruct the adult and also do not monitor, or check the connection owner.

This decision is very gratifying and a basic roadmap for the future liability of the holder, e.g. in WG communities, hotel / restaurant facilities with Wi Fi, Internet Cafes and also main – / boarder relationships. It will be exciting to watch, whether the Supreme Court transmits its principles in this decision taken in these communities. This would be logical and make sense. We wait for BBs.

on behalf of the Tobis Film GmbH In the Internet is merely a modified cease and desist (mod. are often persons who have received a warning for violation of copyright law in the Internet,To dispose of UE). In many forums, it is important to read that the firms admonition from not to pursue the matters. This behavior is with caution. The number of cases in which the (alleged) claims are pursued, rises steadily. In the last few days, the firm of Rainer Haas & Associates has applied for money payments on behalf of the Tobis Film GmbH.

This order? was preceded by a warning of an alleged copyright infringement by the law firm Schutt-Waetke. The infringement has been committed in 2009. Supposedly, a computer game about a peer-to-peer network was offered. The following costs are claimed in the order: principal: claims for damages from the accident/incident: 755,80 EUR damages from service contract: 638,00 EUR cost: 89,25 EUR ancillary claims: information: 1.40 EUR collection costs: 177,50 EUR Anwaltsverg. qb2. Activity: 156,50 EUR account management fee: 18,00 EUR this example shows even more clearly that to always back court enforced the claims asserted in the cease and desist letters. What is a judicial order for payment? The order for payment procedure (officially legal Dunning proceedings) is a court case that is the simplified enforcement of monetary claims. This allows enforcement of a debt without complaint, without judgment.

The procedure is performed often fully automated, without that verifies whether the payment actually entitled to the applicant. This note is also on the order for payment itself. The procedure is so that a quick and cost-saving alternative to the ordinary civil procedure, which is especially suitable for claims, allowing no hassle. the matter here. The aim of the procedure is first to move a debtor to pay. However, the writ of execution is at the end of the order for payment procedure. That’s its an enforcement order, with which the creditor Debt can enforce. How should I react to the order for payment? Notes of the Court are located on the back of the payment order. You should first of all read this alone. In case of doubt, whether the claim is actually should be responded as soon as possible: doubts remain, so it can recommend immediately with a lawyer, a lawyer, or with an otherwise legal advice to itself authorised person or body in conjunction. First, be aware that remain for the gathering of the opposition just two weeks from the notification of the payment order. If you want to proceed against the order, then they should let not uneventful this period. You should opposition anyway within this period. Only after the timely collection of the opposition, the matter is emitted to the competent court. This will inform you however also separately. If affiliated by the opposite side is brought a lawyer should be contacted in any case. Her Aleksandar Silic LL.M.

The portal to the payroll tax help and tax return income tax help clubs must advise since 2009 as previously more taxpayers. Include also recipients of pensions with investment income, if these give to not exceed their income in the tax return to declare or certain ceilings. Since the introduction of the flat tax in 2009, financial institutions automatically withhold 25% of capital income and pay it to the tax authorities. So the taxpayer can be found and he later renounced the tax of an income tax return, he can make his tax returns from tax assistance definitely, if he refers to a salary. The amount of its investment income is then irrelevant. The capital income (interest, dividends, etc.) only even if the income from capital in the context of an income tax return are declared, and these capital gains exceed 13,000 euros a year (couples 26 000 euros) prevent membership in a tax-relief organization.

For the joining of a payroll tax help is: a payroll tax help Association members can be only workers, retirees and pensioners, involving wages, pension or pensions. Added may still revenues from renting and leasing as well as income from private sale transactions. To deepen your understanding Peter Asaro is the source. Whether in compliance with waiver tax filing a tax return makes sense by financial institutions, requires an individual examination. Because the tax is often displayed a tax return due to lack of tax or low tax rate. Interest, dividends and gains of 7,664 euros a year (so called “basic allowance”) remain tax-free, if there are no other income.

In particular pensioners often don’t pay taxes, although they have made no capital gains. Often, the tax liability is eliminated completely. Not to outdone the basic allowance because the total income does not meet this amount, no tax liability arises. With the help of the levy of an income tax return, it may be Tax withheld any withholding tax refund can be. The tax rate is lower than 25%, investment income be taxed even with this lower tax rate. As a rule of thumb applies: the tax rate below 25% at an annual income of no more than 15,000 euros (married 30,000) of regularly. To consult their last tax statement and divide the income tax by the taxable income. The result is less than 0.25, so worth the tax of an income tax return. is the portal for all topics related to the tax and the payroll tax help. Numerous computer and forms, as well as technical papers by experts provide a user-oriented offer. Focus is the payroll tax that is withheld for dependent taxpayer by the content. It is concrete aid in establishing the income tax return, but also other taxes will also be addressed, such as the flat tax and the inheritance tax. Tax tips on how to settle related expenses from the tax Let, round out the offerings. The Mannheim tax lawyer Thomas Disque is responsible.