Questions tagged [germany]
Jurisdiction of Germany.
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questions with no upvoted or accepted answers
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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 ...
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Germany: Right to work without a SSN and National ID number
I am in Germany on a spousal visa. My visa states "Erwerbtätigkeit erlaubt" i.e. I can work here. I have a Steuernummer (tax number) and I have finished my Anmeldung (registration) at the ...
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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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Do I need to have a registered living place to keep my aufenthaltstitel?
So, here is my situation. I have a course in Germany that lasts three months. I am planning on renting a place there for three month, registering, using that for an autenthalts, then deregistering, ...
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An insolvent company still operating
I have made an order online for a company early September, however found out the company filed for insolvency early August.
However they are still taking money from customers and never sending their ...
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German real-estate. Property caveat when company goes bankrupt
I bought an apartment in germany in a building that hasn't been built yet.
I have also applied for and received a 'property caveat'. What happens if the company that i bought the apartment from goes ...
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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 ...
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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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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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Germany - Non EU Citizen with Blue Card employment looking to start Freelance on the side
I am a non EU citizen living in Germany with a Blue Card - not tied to an employer - and a Zusatzblatt that allows me to take up freelance activities.
My Employer has no clauses in my contract that ...
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Hiring freelancers in Germany
This question is the counterpart to Tax law and freelancing as a side-job in Germany.
What are the laws concerning hiring a freelancer for a short project (for example an international freelancer ...
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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 ...
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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 ...
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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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Ask people for WhatsApp address book consent; what to do when declined?
I have first posted this question on Super User. Since I tagged it with Android (as I use WhatsApp on Android) it got migrated to Android Enthusiasts. There one decided that it was not on-topic for ...
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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 ...
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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 ...
user48371
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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 &...
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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 ...
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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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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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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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Family re-unification visa processing time
Is there anything in immigration law in Germany which enforces that a family re-unification visa process should be finished maximum in a defined interval?
I am from Afghanistan and having EU Blue-Card....
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Moving to Germany - Einküfte/income before the move in the Steuererklärung/tax reclaim
I hope someone would help me in this matter.
In 2020 I was in Poland for the first seven months, and then, since August, I'm in Germany. I have received income from employment in both countries, in ...
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Regarding German Patent attorney candidates
I'm thinking about becoming a German and European patent attorney.
I'm fluent in German (my mother language), English and French, (and Romanian, my other mother language).
The issue is that I have a ...
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Is there any legal obligation to banks to offer only one "purpose" field in online banking systems?
I have used numerous online banking interfaces in Germany for money transfer between accounts. While they can be quite different in terms of features such as auto-completion, storage of reusable ...
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Short-time work for professional football players
In Germany, a lot of people are currently doing "short-time work" right now which is partly compensated by the state or state-controlled insurances.
I heard that some employees of professional ...
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German citizenship - Complex case
My question is the following:
My great-grandparents were German. They never lost their citizenship. My grandmother was born in 1930 in Argentina (ius soli) and got married in 1950 to an Argentine (...
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Work permit for a US based space and defence company for EU citizen
I'm looking into writing my bachelor thesis at a aerospace company abroad.
My question is if there are any special regulation regarding working for a aerospace company, with military contracts, as a ...
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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 ...
user18286
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Can I use my personal Photoshop subscriber license for a commercial purpose? (Germany)
I have the Individuals Creative Cloud Photo Subscription (annual subscription). I'm paying this on my own and use it mainly at home. Now I want to use Photoshop for several things in the company I'm ...
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German Tax for foreigner student
If you are a foreigner (US citizen) living abroad in Germany to attend a school, what kinds of taxes are required if you are also involved in the following business: You receive your own/family money ...
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Can a business "change policy" and tack on extra fees for related services after a contract is agreed?
If a business always bundles some service with another service which is necessary to use the first one, and informally contracts with a customer for the first service, can they later change their ...
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What are requirements to determine options for statutory or private health insurance after moving back from abroad (in the EU)?
When a person moves back to Germany after being abroad in the EU (e.g. Netherlands) long enough to have to insure themselves there and not be insured in Germany anymore, what determines if you can be ...
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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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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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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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Can I make use of intellectual property if my employer does not make use of it?
I have recently made an invention (software) at work and my employer is deliberating wether or not to file a patent.
There are several pros and cons to filing a patent and it is unclear what the final ...
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Can a fitness studio extend a cancelled contract because of lockdown?
I cancelled my contract with a fitness studio in summer 2020. The 6 month cancellation period was due to end in March 2021.
In Germany, fitness studios had to close in November 20 because of Corona. ...
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Who benefits of a tax reduction in subscription businesses? The company or the client?
Last year a client signed up for a yearly subscription of my product. He paid 14,99 € with 19 % taxes included.
This year the taxes are only 5 %.
How much does the client pay?
Why I asked: PayPal ...
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Can i record a video based on a book and then publish it in Youtube?
I have an idea to record videos based on some books and then publish the videos in my channel in Youtube.
Of course, i will write a clear reference to the book and the author.
But, i am wondering, ...
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Is it legal to terminate employee after them not signing an optional contract?
I asked this question a few days ago at Workplace.SE community.
The contract stated what I mentioned in the linked question, plus that in twenty years his salary would be around 50-something ...
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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 ...
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What happened to border crossing points when border controls have been reintroduced on internal Schengen borders (EU Regulation 2016/399)?
Many Schengen countries reintroduced border controls on internal Schengen border according to Article 25 of EU 2016/399. The procedure how to do it is described in Article 27 of EU 2016/399:
Article ...
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Is it legal to have 2 different standards for "checks within the territory" and when an (internal Schengen) border is crossed in Schengen area?
I have noticed that Germany has two different for "checks within the territory" and when an (internal Schengen) border is crossed.
For crossing an (internal Schengen) border Germany is ...
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