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Dear readers,
as an international law firm, we are constantly in contact with the tribunal judiciary system in Germany and worldwide. Law is our passion and Law is what we want to talk about.
In this regard, we are glad to present you our new project:
Tribunal Decision – BWLH Reviews.
Our team is reviewing each week a significant actual tribunal decision and offering you the possibility to get to know our world better, step by step. Most of the decisions will come from the databases of the German Federal Supreme Court of Germany, Higher Administrative Courts, District Courts, Local Courts and so much more.
This opening week will be all about the main topic that has been shaking and trembling this year 2020 all around the world: the corona virus pandemic. While all around the world people are fighting against the virus, the economy of entire regions is seeing the crisis coming. Restrictions and new regulation can however not stop the economy completely. From schools to offices, everything is getting digitalized and the world goes on…line, from home. Smart working, zoom meetings, home office are the keywords of the future.
But not everybody likes to work from home.
This was the case of an over 60-year-old Berlin woman, that highly prefers her office instead of staying home.
The Case:
The applicant is employed as an official inspector at a Berlin district office. At the end of March 2020, her employer ordered that she should work in home office until April 2020. The decision was necessary for health care reasons, as the employee is exposed to an increased risk of COVID-19 disease due to her age. She should be available for the office by telephone, and if necessary, she would be given work orders for home processing. Against this order, the applicant claimed that there was no legal basis for imposing home office work. The internal regulations merely provided that home office could be ordered upon application by the respective employee; however, she had not made such an application.
The Decision of the Tribunal:
The 28th Chamber however dismissed the urgent application, as this is just an exceptional situation acceptable due to corona pandemic
The applicant had to accept the organizational measure taken, at least for a limited period of time. The office inspector remains in her function and is neither pushed out of the service nor forced to inactivity for an unlimited period of time. According to the court, in the exceptional situation caused by the corona pandemic, it is acceptable that the employment conditions (as office etc.) are temporarily limited to mere on-call duty and that individual tasks are to be executed in home office.
An appeal against the decision can be lodged with the Higher Administrative Court of Berlin-Brandenburg.
Order of the 28th Chamber of 14 April 2020 (VG 28 L 119/20)
What do you think about it? Are you living a similar case and you would like to talk to a lawyer about that? Get in touch with us.
We are delighted to inform you, that our law firm team has just welcomed new talented attorneys and office members! A warm welcome and lots of good wishes on becoming part of our growing team. Congratulations and on behalf of all the members. We are all happy and excited about your inputs and contribution to our company.
(Landgericht Düsseldorf, Urteil vom 12.06.2019 – 12 O 263/18 – )
Acquisition of rights of use from GEMA for musical works as stage representation is not possible!
The District Court of Düsseldorf has decided that the Schauspielhaus Düsseldorf must refrain from performing the music composed and arranged by the sound artist Parviz Mir-Ali for the Schauspielhaus Dresden to “Der Idiot” by Fjodor Dostojewski.
The case was based on the following facts: In 2015, the well-known sound artist Parviz Mir-Ali had composed the music for the stage play “Der Idiot” by Fjodor Dostojewski in the production of Matthias Hartmann for the Staatsschauspiel Dresden. In 2016 the Düsseldorfer Schauspielhaus took over the production from Dresden together with the music composed by Mir-Ali. For the 2016/2017 season, the Schauspielhaus Düsseldorf paid the sound artist an agreed lump sum. The Schauspielhaus refused payments for the further seasons 2017/2018 and 2018/2019 with reference to its payments to GEMA. The plaintiff sound artist saw his copyrights violated with the performances.
The Düsseldorf Regional Court ruled in favour of the plaintiff. […]
Source: © kostenlose-urteile.de (ra-online GmbH), Berlin 12.06.2019
Quelle: Landgericht Düsseldorf/ra-online (pm/kg)