Questions tagged [germany]

Jurisdiction of Germany.

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16 votes
5 answers
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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
72 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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-6 votes
1 answer
135 views

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 ...
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3 votes
1 answer
64 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
71 views

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
69 views

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 ...
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1 vote
1 answer
42 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 Burgerämt/Fahrerlaubnisbehörde here in Bavaria and I was ...
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7 votes
4 answers
2k 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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  • 180
2 votes
1 answer
116 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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2 votes
2 answers
153 views

Germany (BW): What can I do about extremely loud neighbors: extremely loud music, loud kids that bang on our windows

I have extremely loud neighbors, who are disruptive to me and other neighbors, and who have done the following: Regularly drive their car slowly by my house while their music is blasting--and these ...
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  • 121
1 vote
0 answers
64 views

What (if any) offense is this: Booking the wrong task at the wrong date

In German law there exists the concept of "Scheinrechnung" (lit. "pretence invoice"), which, put simply, is an invoice for something that did not actually happen as claimed. ... It ...
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1 vote
1 answer
116 views

What happens if I file a civil lawsuit without a lawyer in Germany?

I want to file a lawsuit with the Berlin District Court. in Germany, paragraph 78 of the procedural code applies, according to which all plaintiffs are required to hire a lawyer. I am a capable person ...
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1 vote
0 answers
34 views

How to avoid paying tax/customs for replacing missing items on imported goods

If I were to order something from a business outside of the EU (the UK) to Germany and paid for the tax (Einfuhrumsatzsteuer) and the processing/handling (Auslagepauschale), but it turns out an item ...
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1 vote
0 answers
69 views

Working from Home in EU

Is there anything in EU (or German) law or directives to encourage or even mandate working from home, outside of a pandemic? Are there plans to do so? Background: I plan to move to a neighbor EU ...
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0 votes
0 answers
32 views

In a concurrent employment case in Germany, is it allowed to take residual leave in one job but not in the second job?

I am planning a job change in Germany. Termination of my current job contract is only possible at the end of December 2022 at the earliest. However, I would like to start my new job (in a completely ...
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3 votes
3 answers
99 views

Difference between German citizenship and ability to obtain a passport? Would additional citizenships remove these German ones?

I am a US citizen born in the US to US citizen parents who also hold dual citizenship (of Colombia for one and of Germany for the other). I hold a US passport. As far as I can tell on the German ...
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0 votes
0 answers
56 views

Is GPS tracker legal after microphone removal? (Germany)

As I understand it, the possession of GPS trackers with a listening function is prohibited in Germany. Meaning that the environment of the tracker can be listened to by a built-in microphone. Suppose ...
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2 votes
2 answers
88 views

What to do at a road crossing with only one traffic light in german traffic law?

There is a weird traffic situation in Berlin, Germany (here), which consists of a crossing with only one traffic light like this: The traffic signs indicate that AC is the main road, so traffic ...
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6 votes
3 answers
214 views

How can a person declaring bankruptcy afford a lawyer?

In most jurisdictions, a person overwhelmed by debt can declare a personal bankruptcy (for example, filing for a Chapter 7 bankruptcy in the United States, or for a Verbraucherinsolvenz in Germany). ...
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1 vote
1 answer
41 views

Trading equity with cash without Notary public

Three co-founders A, B, and C come together to build a project (startup) and sign a founders' agreement. After few months, co-founder A would not want to continue, but based on the original founders' ...
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2 votes
0 answers
98 views

Employer reduced working hours to 25%

I am employed in a startup that financially struggles and has decided to merge with another startup. As a result I have been informed that my working hours (as well as salary) will be reduced to 25% (...
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0 votes
0 answers
73 views

Living and working in Turkey and working remotely for a University in Germany

I'm an EU citizen, living and working full time in Turkey. Now, there is a possibility that I could also work remotely for a University in Germany. My question is: Should I pay taxes in Germany for my ...
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-3 votes
1 answer
194 views

What content is banned in Germany in WhatsApp profile pictures?

There is an image being published in the internets which shows that, allegedly, in German city of Paderborn having the letter Z and the Russian flag in your WhatsApp profile is a violation of section ...
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1 vote
1 answer
65 views

How is Ethanol categorized in the 12 BImSchV (Germans implementation of Seveso Directive)

The 12 BImSchV (essentially germany implementation of the Seveso III directive, as far as I understand) defines certain industrial or other plants as hazardous, according to the substances stored ...
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1 vote
0 answers
74 views

Physical response to threatening behavior - still self-defense?

Assuming the following scenario: "I" asked a visitor to my home to return an item they had borrowed some time earlier. In response, they got angry and crowded me into a corner, acting very ...
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  • 11
3 votes
1 answer
190 views

Germany - spousal liability for suicide

Trigger warning - suicide. This is a throwaway account, because. I have a long term illness that is going to kill me in a nasty way - not in the next 5 to 10 years, but eventually. I live in Germany ...
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6 votes
3 answers
899 views

Is the German embassy in London bound by British accessibility law like the Equality Act 2010?

Is the German embassy in London bound by the Equality Act 2010 and cabinet office guidance on medical mask wearing exemptions? The website explicitly state that in order to enter the Passport section ...
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2 votes
1 answer
89 views

Who is responsible for incapacitated persons house key?

I am a little confused as to who has the responsibility for looking after the key to the house of someone we know that tried to commit suicide. The events: Alice enters a coma I perform a wellness ...
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  • 21
1 vote
1 answer
61 views

Can I use images fetched by Google Image APIs to use as content images on my webapp?

I have a webapp where people can manage their packing plans for outdoor activities. In those packing plans they can add items like backpacks, boots, etc. They are also able to upload images for ...
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  • 113
1 vote
0 answers
56 views

Are you allowed to forcefully remove someone from your property if they don't leave after being told to in Germany? [duplicate]

Is it legal to forcefully push or drag someone out of your property if they refuse to leave after being told to? I am talking strictly about Germany's laws.
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4 votes
3 answers
295 views

Is it okay to push someone off your property if you've told them to leave but still didn't. Germany

I was in a fight with an apartment mate of mine. I have told her to leave my room after she took the remote and turned off my tv, but she did not leave. So I pushed her out of my room, she then ...
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1 vote
1 answer
952 views

Can you take action against a miserable pass-rate of an exam?

At my university (germany) recently this happend. The first exam had a failure-rate of 58% (265 paticipants), after the bound to pass was lowered. The second exam had a failure-rate of 93% (111 ...
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0 votes
2 answers
86 views

What is required to maintain PR status in Germany?

I currently hold the German Permanent Resident status. I am taking up a job in a non-European country, but may get back to Germany at a later point (in a few years). Is it possible for me to maintain ...
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0 votes
3 answers
83 views

Meaning of "following the end of the month after next" on room contract?

My landlord has provided the following information to terminate the contract period on their website (under Accommodation FAQs at the bottom): What are the notice periods? As an exception, the ...
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2 votes
3 answers
203 views

Should I work more than the mentioned working days in my job contract?

I am working in German company and my job contract states following: Der Arbeitnehmer erhält für die unter vorstehend Ziff. II. näher bezeichnete Tätigkeit ein Bruttogehalt in Höhe von X Euro bei 21 ...
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0 votes
1 answer
81 views

Are google Reviews consider to be proof against owners of business?

I Want to be honest international students are treated very badly in Germany, I was learning in educational institutions and I was treated badly very rude staff and doesn't answer emails if you want ...
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0 votes
2 answers
165 views

Punishment for getting intoxicated in public

Recently I traveled to Germany with friends and got a bit too much drunk. While walking to my hotel I fell down and damaged my foot. Police approached me, checked my ID (I am from the EU), asked if I ...
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  • 3
-4 votes
2 answers
259 views

Why do some laws make saying "Heil Hitler" illegal when other laws allow freedom of political speach?

In the German Federal Republic is illegal to say "Heil Hitler" which is basically a restriction of laws relating to one's freedom of opinion, freedom of speach and political freedom. Why ...
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0 votes
2 answers
85 views

What is the official resignation date when the registered post was delivered on time, but when to a collection point

I quit on 25th February and sent a letter (tracking with signature) to the HR department since my contract says that the resignation should be in written format. The letter could not be delivered but ...
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  • 101
1 vote
1 answer
207 views

How to lend money to a friend in Germany with the possibility to enforce return if he doesn't pay back?

I hope the title itself is clear. I want to lend money to a friend, are there any legal ways that I can make some sort of a 'contract' for the return? What is the most practical way?
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  • 133
2 votes
1 answer
181 views

Company pays employees corona bonus for the previous year, but I've quit in January

My ex-company decided to pay its employees a bonus for the struggles with Corona in 2021. I've resigned from my job at that company in January 2022. They announced the bonus payment in February 2022, ...
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  • 123
5 votes
1 answer
167 views

Online Defamation in Germany after the Künast court victory

M F Whitaker asked a question which has since been closed because it asked for legal advice in a specific case. I believe that there are two questions of general interest in the closed posting. The ...
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  • 5,679
3 votes
0 answers
110 views

German Strafbefehl for Swiss Resident

M F Whitaker asked [a question] (appealing a penalty notice) which has since been closed because it asked for legal advice in a specific case. I believe that there are two questions of general ...
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  • 5,679
0 votes
1 answer
83 views

Can someone request to a Judge in your country to give a letter of appreciation for appearing as a witness?

Say a person X appeared as a witness in a case where the judge was presiding in a criminal case (Jugendstrafsache). The testimony of X was welcomed and appreciated highly by the prosecutor as well as ...
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  • 133
0 votes
1 answer
82 views

Litigating personal injury in Germany due to lack of proper testing

I have read various articles that litigating for damages due to injury against medical professionals or clinics is an uphill battle. See here In simple terms, the case is as follows: A and B both got ...
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  • 133
0 votes
2 answers
81 views

limits of the imperative for defense of others

German Law mostly requires you to defend others that are in danger. In a situation where someone's life is attacked and your only possible way of helping is the use of (probably) deadly force, are you ...
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0 votes
3 answers
129 views

Is taking a screenshot or photograph of e.g. a third person's ebay's account as evidence legal?

Alice and Bob live in a flat together. Bob mentions to Alice, that he is buying and reselling merchandise but not reporting it to the tax office, because he does not want to register a business. One ...
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0 votes
1 answer
127 views

Is affirmative hiring illegal in Germany?

Saw this ad: https://stackoverflow.com/jobs/565648/women-in-tech-all-levels-at-sustainable-start-finn With the headline: "Women in Tech - all levels - at sustainable start-up (f/x) - Munich or ...
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  • 101
-1 votes
1 answer
149 views

is it legal to take a service without paying for it?

I've been going to a gym for 2 years now, but have noticed that the gym has stopped taking the monthly fee from my bank account for some time now. I've been able to go to the gym normally though. ...
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-2 votes
1 answer
104 views

Is any of the free law programs in Germany arranged or attendable online?

This question arose out of the answer given by Volker Siegel to this question. Is it possible to establish admission online to without personal attendance or attend online after regular admission? ...
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