Germany: Planned reforms on the law on passenger transportation - a chance for bus companies?

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While in other European countries the long distance bus transportation system from one city to another is booming, such opportunity is given in Germany only on a limited amount of routes. Reason for this is a decade-old law. However, the envisaged liberalization of the law on passenger transportation might lead to a change and give new opportunities to German and foreign bus companies.

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EC: On the scope and effect of a decision rendered by a Community Trademark Court within the EU

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In October 2010 the Advocate General Pedro Cruz Villalón, gave his opinion, in which he commented on the geographical extension of a judgment rendered by the Community Trademark Courts with respect to the other member states of the European Union and how execution proceedings menaced by such a court, can be acknowledged and forced through.

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Poland: New principals on the liability with entire property for public officers

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On 16th February 2011, the law of the 20th November 2010 on the liability with the entire property for public officers for gross law infringements was published in the Polish legal gazette. This law governs the principals on the liability of the entire property of public officers towards the exchequer, public corporations and other subjects, which are liable for damages incurred during the exercise of their official rights by gross infringement of law or duties. Those new regulations are coming into force on 17th May 2011.

The aforementioned law blows a breach into the current practice, where a public officer cannot be held liable with his entire property for malfeasance or an act lacking legal grounds. However this does not mean that a public officer is directly liable towards the person or institution to which - due to the gross infringement of law - a damage arose. The liability towards those third parties is still borne by the exchequer and the public corporations (liable party). In case of an indemnification, the management body of the liable party is obliged to get regress from the public officer responsible for the damage, whereby the regress is limited to a maximum of a twelvefold of his monthly salary.

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News from Italian Law

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a) In January 2011, the Italian Government has cancelled the restrictions on public Wi-Fi access to the Internet
In 2006, Italy implemented limitations on Wi-Fi access in public places, forcing Wi-Fi providers to require documents proving the identity of users and to track their online activity.
In concrete, before the enforcement of this new piece of legislation, every person willing to use a Wi-Fi outside home had to follow a quite complicated procedure which was discouraging Wi-Fi implementation in Italy.

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Egypt

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Egypt stands as a major trade and crossroads destination between Europe, the Middle East, Africa and west and south Asia. Its north coast is on the Mediterranean Sea, while the eastern coast is bounded by the Red Sea. The Suez Canal links the Red Sea to the Mediterranean, a connection vital to both Egypt and the world.

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Class action now also possible in Poland

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On the 17th July 2010 a law was enacted in Poland, which gives the opportunity for civil claims to be pursued by means of class action. In litigations hereby several plaintiffs (more than ten) shall be enabled to pursue similar claims that are based on a similar or the very same circumstances jointly. The law is applicable to consumer protection cases, product liability claims as well as claims based on tortious acts.

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GER: The German “Bundesfinanzgerichtshof (Federal Fiscal Court) consults the ECJ regarding the taxation of turnover with respect to the sale of a business as a whole

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By court order dated 14th July 2010 (court file no. XI R 27/08), the German Federal Fiscal Court (the highest German court for tax and customs issues) brought before the European Court of Justice (ECJ) the question on the prerequisites for the sale of a business as a whole that is not subject to turnover taxation. The ECJ shall clarify how to handle cases, in which the trading stock and the office equipment are sold, office space, however, is only rented to the purchaser. The German Federal Fiscal Court doubts whether such cases can be considered as a transfer of an entire property in accordance with article 5 sec. 8 of the 6th Value Added Tax Guideline (77/388/EEC). The court order is based on the following circumstances:Weiterlesen

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News

While in other European countries the long distance bus transportation system from one city to another is booming, such opportunity is given in Germany only on a limited amount of routes. Reason for this is a decade-old law. However, the envisaged liberalization of the law on passenger transportation might lead to a change and give new opportunities to German and foreign bus companies.

Read more...

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