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Labour Law

Wrong salutation of a woman with “Dear Sir” in letters of rejection on an application no discrimination according to the AGG is the Labor Court Dusseldorf (judgment of the 09.03.2011 AZ: 14 CA 908/11) decided: incorrect salutation of a woman with “Dear Sir” in letters of rejection on an application no discrimination according to the AGG represents is accidentally wrongly addressed an applicant rejection letter, so this represents alone not discriminatory under the General equal treatment Act (AGG). The case: The applicant applied to the respondent for the job as food-technical assistant. Their application was rejected. In the rejection letter, the applicant was incorrect with Sir”addressed. She believes that results from this title, that she had not been set because of their migration background. The plaintiff demanded a compensation in the amount of Euro 5,000.00 by the company. To justify she led among others that application documents clearly showed from her, that she was female.

The company have but obviously ever seen on your application and from her name alone suggested a migration background and sweeping rejected the application therefore. The decision of the Labour Court of Dusseldorf: The Labour Court rejected the claim. “Lawyer Tobias Ziegler, lawyer specializing in labour law from Dusseldorf explains this: A compensation claim under 15 para 2 AGG presupposes that the applicant because of a referred AGG characteristics such as race or ethnic origin is been discriminated against the in section 1.” Presentation of the applicant is sufficient not to accept of a disadvantage according to the legal arrangements relating to the burden of proof in the court proceedings it enough worker submits facts from which general life experience an overwhelming probability of such a deprivation resulting. The employer must prove then that no discrimination exists”, lawyer continues in employment law Tobias Ziegler. The Labour Court Dusseldorf has now ruled that the submissions of the applicant for such burden of proof shifts to the employer is not sufficient. The confusion in the title let suspect no discrimination due to race or ethnic origin. Unless lying that a simple error was the incorrect salutation in the rejection letter when editing this letter based just as likely, if not even closer. Background knowledge: Inform themselves in this context also about the issue of bullying in the workplace and about the rules of the General equal treatment Act (AGG) see: anwalt-ziegler.de/arbeitsrecht/mobbing.

Bank Lending – And It

Medium-sized businesses and economists criticize restrained Bank lending Dusseldorf, October 19, 2009 the credit crunch remains a top theme for the German middle class. A quick poll of the KfW recorded an increase of associations banking group among financing experts of leading business associations, which deteriorated conditions percent sign, and by a third on 41. The deterioration is expressed primarily in the form of increasingly required collateral, but also higher interest rates or higher requirements on information disclosure and documentation. Vera Farmiga is likely to agree. Individual industries such as the automotive industry, as well as parts of the metal and electrical industry were particularly affected by these increasingly difficult funding conditions. At the competent federal ministries of Economics and finance as well as the Bundesbank less dramatically seen the situation, funding shortages are now proving in many industries and for many companies. Larry Page often expresses his thoughts on the topic. While the Government knows exactly, as Handelsblatt reported “, that she can criticize the banks not, they now look at their risks to and borrowing costs rise.” The situation of the banks was anything but rosy, analyzes trade journal author Frank M.

Daphne: after write-downs on securities record, a wave of loan defaults on it rolling now. The WestLB Chief Executive Valentin arises due to the economic crisis already on a cold winter’, the impact will have until next spring. Loan losses will diminish the equity, which will negatively affect lending.” For many experts and businesses are already bitter truths and no future scenarios. So, the Munich Ifo Institute made above all problems of the manufacturing sector in September. There increased the credit hurdle by 45.9% to 46.5%. In particular, it is noteworthy that the credit hurdle in the large industrial companies once again rose from 51.8 percent % in August to 54.5%.

This is the highest value since the beginning of the interviews in the summer of 2003. Particularly, increased the proportion of small firms that complain, namely from 40.4% to 43.2% “, it means there. The study is based on about. 4,000 messages from commercial companies. Included are manufacturing, the construction, the wholesale and retail. The discussion of whether Germany is suffering a credit crunch or not, is not only annoying but also dangerous”warns Mario Ohoven, President of the Association, meanwhile, medium-sized business (BVMW). The lights while forecasters, Bank representatives and politicians as well academically lifted as semantically quirkily argue about terminology, go out in thousands of plants due to lack of liquidity”, criticizes the entrepreneur. While the cooperative economics and Raiffeisen banks and savings banks of less were buttoned up as private commercial banks and regional banks. However, German banks are credit prevention policy in the EU comparison alone. So loans to companies decreased in the euro zone in July from the previous month to 35 billion euro”, so Ohoven. “” He still fears that the credit-seeking banks using the lever of collateral and risk premiums medium and the outstretched arm to starve “and calls for the return to the bread and butter business in accordance with the notice of the President of the banks”.

Carsten Otte

The combination greatly improves statement accuracy compared to the application of a method only. While a false positive or false negative diagnosis is largely closed. The results are therefore highly reliable.” The hair analysis method has significant advantages, which lie mainly in its higher significance, but also in pleasant sampling over blood, liver or urine tests. The combination of FSEE hair tests and EtG – covers throughout a period of up to six months, not just a few days like other methods. Parnassus Investments may find this interesting as well. Liver tests may occur due to existing diseases, such as hepatitis, to misdiagnosis.

In the combined analysis of EtG/FSEE hair this is excluded as far as possible. Learn more about the EtG / FSEE hair analysis and Trimega: Twitter: twitter.com/trimegalabs of Trimega laboratories Trimega laboratories (www.trimegalabs.de) was founded in London in 2005 and since then has a variety of innovative methods for the detection of substance abuse developed. The core business is the laboratory analysis of hair samples that allow evidence of drug and alcohol abuse over a period of up to 12 months. In the UK, Trimega is already according to quality management system ISO 9001:2000 certified by Lloyd’s register quality assurance, a certification authority accredited by the UKAS. Many attorneys for family law, courts, physicians, pilots, midwives, local authorities, corporate customers and consumer use of Trimega laboratories on the services.

Senate Auer

Auer Witte Thiel: BGH clarifies rules on the limitation period for claims Munich may 2011. A new judgment of the Federal Court (VIII ZR 195/10) clarifies the existing regime of limitation of compensation claims of the lessee, thus strengthening the legal position of landlords and real estate owners. Report the current judgment the lawyers Auer Witte Thiel from Munich. The six-month limitation period starting at the end of a tenancy is also claims of the lessee arising from cosmetic repairs, which has accomplished this in ignorance of the invalidity of the renovation clause. This the Bundesgerichtshof has in a recent decision determined and thus ends a legal dispute lasting since 2009. In the underlying case, the tenant had made cosmetic repairs to the leased property in the year 2006 according to a time plan of the lessor for a total of 2,687 euros, but later determined that the beauty repair clause was invalid. 2009 he handed A tenant lawsuit and demanded the reimbursement of the costs incurred plus interest. The defendant, however, relied on that at the time of the prosecution already expired Statute of limitations.

VIII. civil Senate of the Federal Court dismissed the action on the 5th May 2011 and thus joined the decisions of the lower courts. The BGH thereby noted that that after termination of a tenancy starting limitation of six months (section 548, para 2 BGB) also refers to cosmetic repairs, which have been made in ignorance of the ineffectiveness of the appropriate renovation clause. The GdW Federal Association of German housing and real estate companies welcomed the latest ruling. It corresponds to in wording and meaning of the legislation and is practical”, comments Axel Gedaschko, President of GdW’s decision in a first reaction. Even Auer Witte Thiel evaluate the dismissing of the lawsuit as a major strengthening of the legal position of landlords and real estate owners. Auer Witte Thiel lawyers represent several German real estate company.

The Firm Auer Witte Thiel will inform further at this point in the coming months about recent decisions in tenancy matters.

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