Questions tagged [germany]

Jurisdiction of Germany.

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1 answer
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germany insurance company is asking for their referral bonus back after they said it is mine [closed]

I was wrongly transferred a referral bonus of 12k euros spanned across 10 transactions for a year starting Summer 2021 from my insurance company. I did not refer anyone however. I reported the problem ...
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0 votes
0 answers
16 views

Is it legally possible for me to work for a German company without having a registered address and living abroad? [migrated]

I have a bit of a weird situation. I'm a Canadian citizen and legally employed in Germany under a Blue Card. My Blue Card expires in June and I plan on leaving to go live in the UK for a couple years ...
1 vote
2 answers
75 views

(Germany) Does a follow-up lease contract completely supersede the old one?

In the last three years or so I had to sign a new lease contract for the same place three times: At the very beginning of the lease When my girlfriend moved in When I had to get an extension for 3 ...
0 votes
1 answer
56 views

Do you need to give the source when making a "Privatkopie" (Germany)?

In Germany, when making a Privatkopie, for example by taking notes in digital form, do you need to include from which book the notes were taken, the author's name, ... if you are only going to ...
7 votes
1 answer
6k views

Are you allowed to solve an exercise from a book more than seven times?

In Germany, apparently, you are allowed to make a "Privatkopie" at most seven times. Are you allowed to write down an exercise on a device using a note taking app more than seven times? Does ...
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1 vote
2 answers
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Are you allowed to take notes on a book you bought with a note taking app?

Most books have something like "no part of this work may be copied" written on their first page. Are you allowed to take notes on a book after you have purchased it with a note taking app, ...
20 votes
2 answers
6k views

How to transport a knife that falls under the Weapons Act

In Germany, there is a law (Weapons Act) that prohibits the carrying of a knife with a blade length of 12 cm. "Fixed knives with a blade length of more than 12 centimetres, any knives classified ...
0 votes
2 answers
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Getting employed by different company than you sign contract with (without your knowledge) [closed]

This is in Germany. So there is company A. Recently i applied for a job with A, got interviewed, got accepted and signed a Arbeitsvertrag (work contract) with company A. Now i got my first ...
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1 vote
1 answer
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When an author published a set of lecture notes on his website but didn't include a license, are you allowed to download it?

Many authors put up their lecture notes online on their personal webpages, available for anyone to download, but many of them don't include a license. Are you allowed to download them or not (as ...
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3 votes
3 answers
239 views

In Germany, why are fines for fare evasion more likely to lead to jail time than other traffic-related fines?

For most traffic related offences in Germany, eg: illegal parking, driving intoxicated and speeding, the punishment is a fine. But, if you enter the public transprot without ticket, then you are ...
1 vote
0 answers
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Rule Priority vs Rule Exception difference from legal perspective in driving rules

I am from non law background, but struggling to understand what types of rules will qualify as rule exception and what falls under rule priority. As if we go to rule book like California DMV or German ...
1 vote
4 answers
273 views

Is forcibly smearing someone with feces a crime, and which one?

In February 2023, a German ballet director forcibly smeared dog feces into the face of a journalist. The director said the journalist had written scathingly critical reviews of his work for years, and ...
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2 answers
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Internal country rules for repealing a treaty

Most countries have rules and procedures set (usually) in their constitution about how to sign and ratify international treaties and what standing they have compared to the laws and the constitution ...
1 vote
1 answer
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German law: Food in a coffee shop

I am planning to open a coffee shop in the near future (as soon as it becomes legal). I don´t ask for help about the entire coffee shop thing, however I want to know which requirements I must meet to ...
2 votes
3 answers
137 views

Work time when unable to work due to power outage (germany)

I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers). We had a power outage due to a ...
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6 votes
1 answer
434 views

Can I use a pseudonym in the Impressum of a non-commercial website?

I am creating an online forum where users can communicate and exchange ideas with no public content. This means that the website does not have any commercial activities, and it does not engage in any ...
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1 answer
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Being employed in two EU countries simultaneously

Is it possible (legal) to be employed in two jobs (full time) in two different European countries at the same time? Secondly, is it possible to have work permits of two countries simultaneously being ...
3 votes
1 answer
176 views

What was the legal basis for farmer Eckardt Heukamp to be forced to sell his farm to RWE?

In Germany there are currently between 200 and 2000 climate activists in the Lützerath hamlet fighting the forced sale of the hamlet to a mining company. They are primarily on/around the property of ...
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-1 votes
2 answers
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Falsely accused of following someone in Germany

I am a foreigner living in Germany for some years. Unfortunately on one public holiday, I threw some bottles in nearby trash dedicated for glass where there were not many houses. I wore a latex gloves ...
5 votes
2 answers
2k views

Can a company in Germany hire a remote worker from Iran?

Can a company registered in Germany hire a remote worker based in Iran? What regulation act is applied in this case?
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0 answers
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EU whistleblowing directive and legal assistance

In the EU whistleblowing Directive (EU) 2019/1937, it's stated that if the whistleblower is sued for defamation, legal assistance should be provided to him/her. If we assume the legal actions have ...
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1 vote
0 answers
66 views

How is the 'right to life' reconciled with the legal authority of military officers? (to issue orders that will cause deaths)

I'm not familiar with the academic or practical debates for this topic so I would like to ask it here. The closest related was this decision of the German supreme court regarding plane shootdowns: ...
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5 votes
1 answer
117 views

What happens if a Canadian is convicted (misdemeanour)in Europe? Is the Canadian government notified?

A Canadian person is convicted of a misdemeanour while in Germany. The person gets a criminal record in Germany. Will the information about the conviction be sent to Canada? Will it appear in the ...
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1 vote
1 answer
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What is the precise legal requirement for registering at an address?

In Sweden and Germany you have to have an officially registered address. The government uses this to send important mail to you and keeps it in a registry. I am pretty confident you can register at an ...
-4 votes
2 answers
131 views

Is the Nazi party legal in the German parliament? [closed]

We are in a private community and we are discussing. So the question is : Does the Nazism party exist and is legal in the German parliament? We assume that This party is the same as the Hitler party ...
1 vote
1 answer
139 views

Countries with similar sexual offences Laws to Germany?

I will start by saying that my research into German law is incredibly limited, and I am just following news articles on the topic. I of course apologise if I have fallen for fake news! My ...
0 votes
1 answer
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The GDPR and how it treats online game character names

I am writing a MUD server - a multiplayer game where people connect and create characters. I am unsure if the GDPR applies to me - offering a game to the public is not a household task, but I am also ...
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6 votes
2 answers
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How can employer and union agree to tax-free payments?

The German news reports that the employer and employee representatives have reached a new collective labour agreement covering metal and electricity industries. I was surprised by on aspect of the ...
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8 votes
3 answers
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Can a restaurant in Germany refuse service without a tip?

So I live in Germany, and there is a restaurant about 10 minutes away from my house. I often order from there but now much less. Delivery times can vary from 1 hour to several hours… I just noticed on ...
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1 vote
1 answer
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Bavaria (Germany) - Double Taxation of Immigrants [closed]

I moved to Bavaria, Germany, in late march 2021 from Australia. I have paid income tax for that year in Australia. I recieved letters from the Bavarian state government asking for income tax ...
7 votes
1 answer
356 views

Which public holidays apply to remote workers?

I am working remotely for a company in Germany from Germany. The company is in one state and my place of work is my home in another state. In Germany, we have different mandatory holidays in some ...
1 vote
1 answer
106 views

If I use a discount card at a German museum that I do not know isn't valid at that museum, but the museum accepts it, is that a crime?

I live in Belgium and in August went to Dusseldorf on a weekend trip. As an autistic adult I have a EU Disability Card, which is a new trial project by the EU, which is only valid in 8 countries, one ...
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5 votes
1 answer
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Can an employer make employment decisions based on who you live with?

This question is inspired by a question on Workplace Stack Exchange in which an employee of a German research institute was told by their boss's secretary: Hey, we pay you one of the top salaries in ...
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2 votes
0 answers
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Is "driving" a road vehicle fullfiling SAE J3016 level 3 considered working time according to ArbZG?

Is being on the driver's seat of a SAE J3016 level 3 road vehicle (i.e. a motor vehicle defined by a third-party standards agency as having "Conditional Driving Automation") considered ...
2 votes
1 answer
262 views

Is it fraud to backdate a signature?

I started a new company and signed a contract in Germany. Due to changes in german law $ 2 para 1. of the Evidence Act (German abb: Nachwg) my company sent me a change in the contract to sign. I'm ...
15 votes
4 answers
5k views

Can a person go to the court if she signed a contract not to go to court?

Suppose a couple signed a prenuptial contract that said they couldn't go to court regarding their divorce and custody of children. Everything must be resolved through mutual consensus and consultation ...
1 vote
0 answers
23 views

Do we need GDPR policy statement if we do not use Cookies or obtain personal information from users? [duplicate]

I am developing a static website to provide some blogs and documentation related to company products. It's a simple website and we have decided not to use any Cookies or obtain personal information ...
6 votes
1 answer
504 views

Meaning of the new German energy saving ordinance

In light of the current Ukraine crisis and and the uncertainties of the supply with natural gas the German government recently published an ordinance aimed at saving energy, official text ...
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2 answers
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Can I ask for the cost of a warrantied item to be replaced via another retailer?

I bought a bike component from a German online retailer, which had a defect. I returned the item to the retailer under warranty, from where it was returned to the manufacturer and scrapped as ...
1 vote
0 answers
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What is a remote controlled "toy" car legally in Europe, especially Germany?

I was wondering in which way remote controlled "toy" cars are treated from law side in the European Union and especially Germany while being on public (play) streets or sidewalks. I put &...
0 votes
0 answers
53 views

Flight company cancelled flight and didn't provide alternative - should they refund my new (more expensive) ticket?

Through Opodo, I bought a flight ticket from Münster to Oslo on 8 July, via München. It was a Lufthansa flight. On 4 July Opodo e-mailed me that Lufthansa cancelled the flight. I should wait up to 48 ...
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16 votes
5 answers
5k views

Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?

I'm a developer working at a company that handles sensitive banking information and recently, I've had troubles organising my code and thus posted it in a private repository on Github, which only I ...
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4 votes
1 answer
123 views

Are forced arbitration clauses legal in European countries?

I'm curious about the legality of forced arbitration clauses in "fixed format" contracts that the general public are expected to agree to for buying goods or using services. I'm not ...
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1 answer
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Does John Demjanjuk ruling theoretically jeopardize members of the US armed forces residing on German soil as parts of a "mass murder machine"?

Does this decision/ruling mean that an American soldier can not safely cross German soil due to universal jurisdiction? Practically speaking given the international political dynamics I don't suppose ...
3 votes
1 answer
83 views

How can I sign and notarize a Power of Attorney written in the US when I live abroad?

I'm an American citizen but I live in Germany. I need to provide a Power of Attorney to my father to sell my car for me in the US. I am the principal. I own the car (completely, title in hand, ...
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0 votes
1 answer
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Is who your employer is a public/accessable knowledge in Germany

Assuming you don't have LinkedIn or any social network that says who your current employer is, can your previous employer somehow find out through a certain source or access this information from ...
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2 votes
0 answers
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Protections against unreasonable deposit deductions in Germany

My girlfriend and I recently rented a small motorhome from a company in Germany which we had a great journey in. A few days into our trip we noticed that something was damaged/malfunctioning. We were ...
2 votes
1 answer
71 views

Eligibility Requirements for Anmeldung

I want to exchange my foreign driving licence (a US state with a full reciprocity agreement) with a German driving licence. I emailed my local Bürgeramt/Fahrerlaubnisbehörde (citizens bureau / ...
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7 votes
4 answers
3k views

Can I sign a new contract before resigning from a job that has not yet started

I have accepted an offer and signed a contract that starts next month (from August). However, now, I have a new job offer that I prefer. I would like to accept it and sign a contract for this new ...
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2 votes
1 answer
128 views

Gas heating for single flat

Assume you own a flat in a larger house with floor heating in Germany and your gas heating breaks down in 2024. Now a new gas heating is not possible because a new heating requires to be 65% "...

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