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Recent News From MTR Rechtsanwaltsgesellschaft mbH

FG Münster: No capital gains tax due on furniture and fittings from sale of real estate

FG Münster: No capital gains tax due on furniture and fittings from sale of real estate

Published: 26 Oct 2020

Furniture and fittings do not count towards capital gains from the sale of real estate. That was the verdict of the Finanzgericht (FG) Münster – the Fiscal Court of Münster – in a ruling form August 3, 2020 (Az.: 5 K 2493/18). If a property that is not occupied by its owner is sold at a profit within a period of ten years from its acquisition, the profits are subject to capital gains tax...

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OLG München: Golden Color Not Protected As Trademark Acquired Through Use

OLG München: Golden Color Not Protected As Trademark Acquired Through Use

Published: 15 Oct 2020

The golden color of a chocolate Easter bunny is not protected as a color mark. The Oberlandesgericht (OLG) München – the Higher Regional Court of Munich – found that the producer in question did not enjoy any trademark rights in relation to the color. In the weeks leading up to Easter, supermarket shelves are stacked with chocolate bunnies. One producer has been packaging its chocolate bunnie...

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Wirecard AG - Claims for Damages Against Corporate Bodies and Auditors

Wirecard AG - Claims for Damages Against Corporate Bodies and Auditors

Published: 14 Oct 2020

With Wirecard AG now insolvent, investors are potentially facing severe losses. Shareholders and investors in Wirecard bonds and derivatives can assert claims for damages. While the extent of Wirecard creditors’ losses is as yet incalculable, the liabilities of the former DAX-listed company are likely to be enormous. Media reports are quoting a figure of 1.6 billion euros in bank loans alone. This...

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Rocket Internet Delists Its Shares – Shareholders Facing Huge Losses

Rocket Internet Delists Its Shares – Shareholders Facing Huge Losses

Published: 08 Oct 2020

Rocket Internet has decided to delist its shares, with the shareholders having approved the buyback offer at the extraordinary general meeting held on September 24, 2020. The move came as little surprise following repeated speculation surrounding Rocket Internet’s delisting. It is expected to be effected by as early as November after around 81 percent of the shareholders approved the buyback offer...

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Wirecard AG – Investigations on suspicion of market manipulation

Wirecard AG – Investigations on suspicion of market manipulation

Published: 22 Sep 2020

The Munich Public Prosecutor’s Office has conducted a search of Wirecard’s head office in Aschheim near Munich on suspicion of market manipulation. The raid that took place at Wirecard’s head office on June 5, 2020 appears to have been in response to a criminal charge lodged by the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin) – Germany’s Federal Financial Supervisory Authority – co...

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Wirecard AG files for Insolvency – Options Available to Investors

Wirecard AG files for Insolvency – Options Available to Investors

Published: 17 Sep 2020

The accounting scandal facing Wirecard AG has ended in insolvency for now. Those who invested in Wirecard stocks and bonds find themselves faced with the question of whether they can claim damages. The writing was clearly on the wall when Wirecard AG failed once again to present its annual and consolidated financial statements for 2019, with the auditors refusing to issue an audit opinion and the ...

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Scale of Wirecard AG Accounting Scandal Grows

Scale of Wirecard AG Accounting Scandal Grows

Published: 15 Sep 2020

The scale of the accounting scandal besetting Wirecard AG continues to grow. Wirecard’s running assumption is that 1.9 billion euros supposedly held in escrow accounts likely never existed. The company has experienced a dramatic drop in the value of its shares. Wirecard AG has been the subject of criticism due to accounting irregularities for some time now. Seeking to dispel doubts, the payment se...

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New Attempt to Establish Unified Patent Court

New Attempt to Establish Unified Patent Court

Published: 11 Sep 2020

There is a desire for the process of issuing patents within the EU to be made more efficient. The idea of establishing a Unified Patent Court is seen as a positive step in this direction. The Bundesministerium der Justiz und für Verbraucherschutz (BMJV) – Germany´s Federal Ministry of Justice and Consumer Protection – has submitted a new bill as part of a second attempt to do so. The pla...

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