Alle Beiträge

Since 2008, the formation of a corporation has been greatly simplified, as since then it has also been possible to form so-called limited liability companies - UG for short - with a "share capital" of one euro. As shareholder-managers, the shareholders are generally not subject to social security contributions. Some resourceful entrepreneurs have now taken advantage of this fact, founded a UG and provided services for third parties.

When companies are committed to environmental and climate protection, there is a regular desire to communicate this publicly. External service providers in particular are therefore increasingly offering "certification" of climate neutrality, which can then be used to advertise products or the company to business partners. However, three recent competition law judgments show: The devil lurks in the detail. Incorrect advertising design can not only lead to accusations of "greenwashing" that damage a company's reputation, but also to costly warnings and court proceedings with a difficult-to-predict outcome.

The new Whistleblower Protection Act came into force on 02.07.2023. Companies are now obliged to introduce an internal reporting system under which employees can report possible grievances.

In principle, all doctors and dentists who participate in contracted (dental) medical care are obliged to participate in the organized emergency service (also: "emergency service" or "on-call service"). The emergency service is organized by the Associations of Statutory Health Insurance Physicians (KVs) and Associations of Statutory Health Insurance Dentists (KZVs), whose mandate under Section 75 (1b) SGB V also includes the provision of care by statutory health insurance physicians during non-office hours. (Dental) doctors who otherwise do not or no longer participate in SHI-accredited medical care (so-called "pool doctors") can also voluntarily participate in the emergency service.

In vielen Gesellschaftsverträgen ist eine Güterstandsklausel verankert, die die Gesellschafter zum Abschluss eines Ehevertrages verpflichtet.

It has been disputed for some time whether a doctor requires a manufacturing authorization under pharmaceutical law for an autologous fat transplant that he performs in his practice.

The Schleswig-Holstein Regional Labor Court dismissed an employee's claim against her employer for payment of continued remuneration for the duration of her notice period, for which she was on sick leave.

The legally compliant agreement and billing of elective services repeatedly causes difficulties for hospital operators. It is particularly annoying when patients can refuse to pay for elective services for formal reasons because no effective contract has been concluded. For this reason, particular importance should be attached to the formal conclusion of a contract with the patient.

What should be done if the MD determines that the requirements of an emergency level are not met?

In its ruling of 29.06.2023, Ref.: 2 AZR 296/22, the Federal Labor Court ruled that there is generally no prohibition on the use of recordings from open video surveillance in dismissal protection proceedings that are intended to prove intentional conduct by the employee in breach of contract. According to the Federal Labor Court, this also applies if the employer's surveillance measures do not fully comply with the requirements of data protection law.

As of 02.12.2024, the ability to prescribe dressings at the expense of statutory health insurance for wound care will change. Manufacturers of dressings should check whether the products they manufacture can continue to be prescribed as dressings or whether they fall under the newly created category of other products for wound treatment.

The Federal Supreme Court has now ruled on an all too tiresome issue: a practice can demand a cancellation fee from a patient who does not show up for an agreed treatment appointment or cancels it at short notice (provided certain conditions are met).