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Questions tagged [germany]

Jurisdiction of Germany.

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21 views

Secondary Battery Claim under ADR

I am working for a company that sells gardening / power tools powered by a Li-ION battery, the device not the offence. (3.6V 1S1P single cell up to 40V 10S2P). When the customer (private person, John ...
2
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1answer
45 views

Reclaim VAT after buying a car to be exported from Germany to outside EU

I'm a North African citizen living in an Scandinavian country (temporary residence permit - working grounds) and planning to buy a car from Germany to be exported to my home country (outside EU). I ...
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0answers
22 views

Working contract not handled (germany)

Hy, I would like to know what the German law says about employers not giving documents, such as their working contract, to their employees. Here is my personal context. I started to work in Mai 2018 ...
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0answers
83 views

Dismissed before start date due financial history in background check

A month back I signed a contract with a company as a software developer, the company in question is a financial institution based in Sweden with a german office. Recently they finished their ...
2
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0answers
49 views

Disturbing peace by playing table soccer

There is a soccer table, which stands in an apartment and the neighbour feels disturbed by it every time a game is played. He has already called the police several times, but they usually came after ...
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0answers
12 views

Datamodel transfer between two database technologies

As a purchaser of an application program with an associated database, may I transfer the structure of this database (tables, attributes, links, ...) to another database technology without conflicting ...
2
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0answers
59 views

Website using Phonenumber, frequently getting phone calls from strangers

A website is using the mobile/cellphone number of a relative in their contacts. He's getting phone calls from strangers multiple times a week, sometimes even multiple times a day. He's not to familiar ...
3
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0answers
30 views

Which jurisdiction applies in an international case around a missing package?

Let's say a company in Mississippi send a package to a customer in the EU (Germany). The item has already been billed, including shipping costs. Due to mishandling at the customs, the package is sent ...
2
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1answer
138 views

Employer did not accept resignation in Germany

I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail. They told me after 3 days that they did not accept it because I need to send it ...
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0answers
46 views

Under GDPR right of access, do I have the right to receive a copy of scoring sheets / evaluation forms after a structured job interview?

Under the GDPR right of access, what rights do I have to employer assessment of myself in the role of a job applicant after a structured job interview? Presumably, in a structured job interview ...
2
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1answer
69 views

Gym Membership Extraordinary Termination when Flaws were already present before signing?

I'm going to a local gym in my town for about half a year. At the time I signed the contract I didn't have a car and bus or train is terrible where I live, so I had no other gym to choose from. The ...
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1answer
43 views

What EU law regulates the service providers liabilities and responsibilities for user posted content?

This question is closely related to: How do community websites and forums defend against copyright claims?, but it didn't exactly answer my question as my question is about servers based in Europe. ...
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2answers
137 views

How can I buy a piece of land in Germany whose owner is unknown?

Long story short: I am interested in buying a piece of land beneath ours. According to the "ground register" (Grundbuch), it belongs to two people, let's call them G and S. Facts known about these ...
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0answers
62 views

Is the non-availability of an accessory a defect of the main product?

I am currently trying to understand the details of the German law about defects ("Sachmangel, § 434 BGB") and misleading advertising ("Gesetz gegen den unlauteren Wettbewerb (UWG), § 5 Irreführende ...
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0answers
16 views

what liabilities come with hosting a server?

what liabilities come with hosting a gaming server (minecraft like game) at home in germany, european union, assuming that no one hacks it?
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3answers
84 views

How to legally contribute to open source projects (and other public stuff) in Germany?

Being a software developer it is very important to contribute to public projects and participate in public professional activities. This includes open source projects (which may belong to other ...
2
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1answer
152 views

Don't talk to the police in Germany

For reference: There is the well-known argument, especially in the U.S., that you should not talk to the police, like here https://www.youtube.com/watch?v=d-7o9xYp7eE in one of the extremest forms. ...
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1answer
71 views

What are customer laws about clothes warranty in Germany?

I live in a Germany for half of year now, and it's relatively difficult to understand all local laws and regulation, especially if you don't speak German. I bought new sneakers in the large retail ...
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1answer
40 views

When does a cogeneration plant feed power to the net, according to the german KWK-G 2015?

§7 (1) of the current german KWK-G (Law concerning co-generation plants) makes a huge difference for power fed into the grid, or not. Say an installation consumes 150-200 kW contiually, and operates a ...
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1answer
82 views

Paying salary back after leaving the company

A few days ago I received a pretty interesting letter from my ex employer. During my time there I made minus hours, caused by the project situation (I am a software developer). The letter says I ...
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0answers
40 views

Can a signature be valid without a name datum associated with it?

I noticed that my signature got less readable over time, but improved in unique characteristics which is a positive development in my opinion, since I never see a form without a field for first and ...
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0answers
30 views

Ecommerce website not registred as a company

I have a friend living in Germany, and he is going to launch a new ecommerce website (selling different staff). I am not a lawyer, I am also living in Germany and I know just a little about laws here, ...
6
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1answer
134 views

How do I challenge a public transport fine when I was never there at the time? And suspect a scam

Today I received a message in my postbox regarding an unpaid fee for not showing a valid ticket on public transport. The address and name are correct in the message. However: I use what they call "...
3
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2answers
99 views

Is brute forcing the password of an encrypted file legal?

A person I know sent me an encrypted .zip archive and I do not know what data is inside. Is it legal to break the password and open the archive, for example, by using a brute force algorithm? The ...
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0answers
85 views

Is it legal to send encrypted messages via a post card?

In German law, is it legal to send an encrypted message via a post card? E.g. encrypt a message text on a computer with RSA and print the Base64 hash on the post card and send it. Or is it a ...
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0answers
51 views

Just how different is the legal situation in Germany under GDPR compared to previously with respect to running a website?

A frequent statement with respect to making German websites GDPR-compliant is that barely anything has changed in Germany with DSGVO (the German version of GDPR) and the previously applicable national ...
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0answers
26 views

Do accelerators or incubators help to getting visa?

If I have a MVP(Minimum viable Product = creating a prototype of a tech invention or idea) that I like to find an investor or create a startup around it in UK/Germany/US/Canada, applying for ...
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0answers
18 views

If I am employed in Ireland and move to Germany for more than 6 months, can I be taxed on previously-taxed income?

Germany and Ireland have a taxation agreement which states in Article 14 that you are liable for taxes in a Contracting state if you spend more than 183 days there, even if your employer is from the ...
3
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1answer
125 views

Do Github Projects by Germans Require an “Imprint” (Link) in their Readme?

As is discussed in various places, German law requires an "imprint"/"Impressum" (a page with some contact information, such as a physical address and an e-mail address, on the person responsible for ...
4
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1answer
93 views

What happens if you have to turn up at two or more courts at once?

I was wondering, when a court sends out "invitations" for persons to appear at a court session, it usually includes a "you have to appear if not sick (or else)" clause. Now naturally it can happen ...
1
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1answer
59 views

Dual Citizenship for Adults in Germany

My sister was born in 1997 as a Bulgarian citizen in Germany. She became a German citizen while she was rather young (5 years old if I remember correctly), while keeping her Bulgarian citizenship. ...
3
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0answers
69 views

Does German law have an equivalent of the “plain meaning rule”?

I recently read about the plain meaning rule that seems to be a principle in the application of English laws. I would like to know whether a similar principle is either codified or known as a common ...
2
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1answer
508 views

Germany: Does a github.io hosted site require imprint / data privacy statement according to the GDPR?

github offers free publicly accessible data storage. Many people use that to present their personal profile where they e.g. advertise for freelancing services. An example url could be http://username....
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0answers
30 views

Is there an equivalent concept to Acquiescence in EU/Germany?

For context: https://en.wikipedia.org/wiki/Acquiescence The equivalent page in German states this is in "Common Law", i.e. applies to english-speaking countries. Is there something similar in German ...
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1answer
78 views

I signed a second work contracts in Germany, without checking my first contract

I am working in a full-time job and I signed another part-time job for 10 hours per week with a university in Berlin. After I signed the part-time contract I found in my first contract that I have to ...
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0answers
40 views

Buying a defect mobile

Recently, I bought a used mobile with invoice from a woman (i found the mobile in internet, and in the invoice she took off the part where is her name and address). As usual, I kept all discussions ...
2
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3answers
130 views

How can I prove that my bike is mine? (Germany)

I have a bike. I got it as a gift from my (then) girlfriend. I have absolutely no papers from it. However, in the case of a later legal dispute, I may need to somehow prove it is mine, both in a ...
3
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3answers
316 views

Is it permitted to work as a freelancer on Upwork while studying in Germany?

Next April I am going to start a master program in Germany living on a student visa. Currently I am working as a freelancer on Upwork. I know that in Germany it is not permitted for people on student ...
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0answers
63 views

No notice leave

I live in Germany at the moment and I signed a 1 year rent contract in a shared apartment from November 2017 to end of October 2018. In January, the roof of the bathroom fell over and the bathroom ...
2
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0answers
75 views

Tenant not vacating property(GERMANY)

-See below for German version- A tenant's fixed term rental contract has expired, yet on the first day after the expiration, when keys were supposed to be returned, the tenant has not made any ...
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1answer
57 views

Lohnsteuerbescheinigung - income tax certiicate

I currently live and work in Germany and I would like to apply for a tax return. I have asked for help on a forum (in doing the paperwork) and one person wrote to me that she can help me out for a ...
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0answers
48 views

Prohibition of filming in private shop (German law, other European countries would be interesting too)

There is private shop which has club apartments, it is expressly said and expected that no filming can be done in the club. The actions in the club are quite sensitive, they are not illegal or ...
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0answers
39 views

Water leak after failed drilling attempt. Are there any consequences for me (tenant)

I drilled some nails in the wall in my apartment. According to the landlord (company) they gave me that permission when giving out the keys. More specifically, they said that I can drill anywhere ...
1
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1answer
45 views

General bankruptcy inquiry in Germany

A person lives in Germany and owns a business which is in debt. They are afraid they will lose their child and be sent to "debt jail". Is this a real possibility? Is there any liability protection ...
1
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1answer
184 views

Would Germany extradite someone for looking at blasphemous content online? Hypothetical question.

If someone watched or looked up something online that is offensive to a particular world religion, and he was in an "unfree" country and then he travelled to Germany, would Germany extradite him upon ...
1
vote
1answer
252 views

Article 116(2) Citizenship Restoration - Germany

I'm trying to determine if I might be eligible for German citizenship under Article 116(2) of the Basic Law. Article 116(2) affords restoration of citizenship for those who were stripped of it by the ...
3
votes
1answer
365 views

What's the age in which people are allowed to engage in cybersex in Germany?

As far as I understand, Germany has an age of consent of 14 or 16 depending on the context but in addition a law. On the other hand § 184 sets up a ban for "Verbreitung pornographischer Schriften". ...
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0answers
42 views

Termination of Employment before Joining date

I was offered a Job in Berlin by an Employer 2 months back. I signed the contract, offer letter. And with that I have received the Visa to Germany. And just before 14 days of the joining I receive a ...
3
votes
1answer
70 views

The controlling language in German employment contracts

I am about to be employed in Germany under an American company which has a branch office in Germany. Recently I got a contract from them that has side-by-side translations with German on the left ...
3
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2answers
224 views

Why can you use the font “Helvetica” for free in LaTeX although it would otherwise be required to pay a fee?

When looking for the Helvetica font, it usually costs you a certain amount of money because it is not a free font. But when I am using the free open source software LaTeX, I can use the font wherever ...