Blog

Jun 07
AG Köln Urteil

Items in the Stairwell

Items in the Stairwell - Tenancy Law If the tenant places items in the stairwell, the landlord can issue a warning for this behavior. Furthermore, the landlord can demand removal and cessation, unless the lease agreement explicitly permits the tenant's behavior. This not only applies to placing shoes, bicycles, or…
Jun 07
AG Köln Urteil

Implied termination of rental agreement

Termination of a residential tenancy, implied termination by filing a lawsuit In a legal dispute concerning rent arrears and eviction from living space, the Regional Court of Essen had to decide in the second instance on the validity of a termination without notice and the question of an implied termination…
Jun 07
AG Köln Urteil

Fraudulent misrepresentation when buying a house

House purchase, notarized property purchase contract, exclusion of warranty, fraudulent misrepresentation In a ruling dated 02.04.14 (ref. 18 O 402/13), the Regional Court of Cologne decided that in the event of leaks in the bathroom and damaged tiles and joints, it cannot be concluded without further ado that the seller…
Jun 07
Baurecht Zeitschrift (AGB)

Costs of the preservation of evidence procedure

Costs of the preservation of evidence procedure In court proceedings for the preservation of evidence, the claimant shall bear the costs of the proceedings if he does not bring an action within 3 months despite being requested to do so by the defendant or the party served with notice of…
Jun 07
AG Köln Urteil

Termination of transportation contract

Termination of the transport contract of the delayed transport company In a (non-final) ruling dated May 21, 2014, the Cologne District Court - case no. 134 C 293/13 - ruled in a transport law case that the transport costs cannot be reclaimed after termination due to a 3-hour delay of…
Jun 07
AG Köln Urteil

Lien towing company

No contractor's lien for towing companies with a workshop In a ruling dated October 8, 2013, the Local Court of Cologne - case no. 124 C 201/13 - decided that a towing company that also operates a car repair store is not entitled to a contractor's lien. Unless it can…
Jun 07
NJW

Asylum for Syrian Christians

VG Cologne: Asylum for Syrian Christians In its ruling of 20 February 2014 - case no. 20 K 2258/13.A - the 20th Chamber of the Administrative Court of Cologne recognized Syrian refugees who are of Christian religious affiliation (Christians) as persons entitled to asylum. The ruling is not yet legally…
Jun 07
NJW

Fees of a debt collection agency

Collection fees The fees of a debt collection agency for out-of-court activities are regularly claimed as part of subsequent court proceedings. Most courts reject these fees as non-refundable. This is due to the fact that the out-of-court fees would usually be lower in the case of legal work and, secondly,…
Jun 07
NJW

Reform of the catalog of fines

New catalog of fines, new points system, knowledge of traffic offenses and traffic offenses, OWiG The reform of the points system and the catalog of fines represents the biggest change in more than 50 years. The new law has been in force since May 1, 2014. Under the old law,…
Jun 07
AG Köln Urteil

Motor vehicle. Accident with dog – animal owner liability

Motor vehicle. Accident involving a dog; strict liability of the animal owner in the event of a dog running across the road In the legal dispute between Mr. I. , plaintiff, against Ms S, defendant, the Cologne Local Court ruled in favour of the plaintiff at the hearing on 20/08/2014:…
Jun 07
AG Köln Urteil

Accident in parallel traffic

In traffic law, accidents in traffic moving in the same direction often cause difficulties. The problem is that the injured party has to provide full proof that the person who caused the damage changed lanes in disregard of the injured party's vehicle. The injured party is regularly required to provide…
Jun 07
AG Köln Urteil

Reversing into a parking space (contributory negligence)

Reversing into a parking space - standard of care when passing someone reversing into a parking space - contributory negligence 40% Judgment of the Local Court of Cologne dated 13.06.2013 - Ref. 271 C 51/12 Regional Court of Cologne Ref. 11 S 301/13 At the time of the accident, the…
Jun 07
AG Köln Urteil

Traffic safety obligation of the municipality

Accident involving a handbike - Municipality's duty to ensure road safety - Riding a handbike over a barrier post that has been moved In its ruling of October 26, 2012 - case no. 1 O 92/10, the Regional Court of Heidelberg decided that the failure to reinstall a relocated barrier…
Jun 07
AG Köln Urteil

Right of lien & retention

Right of lien and right of retention under a contract for work and services pursuant to Sections 647, 1253 BGB; Section 273 BGB and claim for damages pursuant to Sections 631, 280 (1) BGB Judgment of the Local Court of Cologne dated 16.08.12 - Ref. 147 C 292/11 confirmed by…
Jun 07
AG Köln Urteil

Contributory negligence in traffic accident

Weighing up the contributions to fault - traffic accident § 17 para. 1 sentence 2 StVG, § 17 para. 2 StVG, § 17 para. 3 StVG, liability ratio 50:50 On December 4, 2014, the Cologne District Court ruled - case no. 271 C 199/12 - in an accident case in…