Legal
 

News 2016 The once important for all first.

The introduction of the car toll in 2016 was actually done deal since mid-May, but now Transport Minister Alexander Dobrindt (CSU) has announced the launch of the new road fee in Germany for in - and have to move foreign motorists.

This is due to the impending action by the European Commission against the car toll in 2016. As Earliest start date is now expected to 2017th In this respect, an introduction of the car toll in 2016 is once from the table, as this ultimately has to do with the judgment of the European Court of Justice.

But exactly thus will be the earliest to rake mid 2016th New indicators for electric vehicles Conceivable introducing indicators for electric cars will be available shortly. Hiebei it's not just that these vehicles also carry number plates as rather that this type of vehicles then have free parking in the cities. In addition, as our Minister of Transport to this car may also use bus lanes. We think, "It remains to be seen" More transparency in the MPU It is the most dreaded conversation with us motorists, to all the who have lost the license: The medical-psychological examination (MPU), known to be more transparent in the vernacular also "idiot test".

In particular, so far different in the countries questionnaires to be revised or to be aligned. Learn more about the following topics:

www.bmvi.de


Change in Kurzzeitkennzeichen

The most serious innovation for 2015 relates certainly the short-term indicator: its utility is severely limited to be from 1 April 2015 The legal gray area in the use of temporary license plate will be closed from April 01 2015th

Used without a valid TÜV seal threatens soon to become unsaleable: The previously used " short-term indicator " for the tour back home , test drive or transfer to a workshop to be severely limited from April 2015 in their usage possibility.

Further details can be found in a relevant Literature, Poetry, or feel free to contact also Car Crash Info and surveys.


Again, there is funding for retrofit soot filters The current Euro 6 emission standards will be further intensified in the year 2015th

For all petrol engines it does not bring any changes in the pollutant values ​​for diesel, however, already: diesel engines may therefore take place per kilometer only 80 as previously 180 milligrams of nitrogen oxides (NOx) emit.

Moreover, there will be financial support for the retrofitting of particulate filters in older diesel cars in return this year. For a total of 30 million euros have been provided.

Who wants a filter installed, should submit the application, however, at an early stage - so far the budget was always exhausted long before the end of the promotion. Applications must be submitted via the Federal Office of Economics and Export Control (BAFA); the application must be sent by post. The funding is per car not exceed umme of 260 euros. 

Caution: New first aid kits, then the DIN norm necessarily correspond 13164th This includes for example new patch sets, which are more suitable for children. The old first aid kits may be used until the expiry date.


Legal basic principles 

What is the Federal Court?

The Bundesgerichtshof (BGH) was established on 1 October 1950 in Karlsruhe.   He is the supreme court of the Federal Republic of Germany in the field of general jurisdiction, ie, the civil and criminal justice, exerted in the lower courts of the jurisdiction of the countries belonging to the local, regional and higher regional courts.

As reported in the Technical News, the presentation of new topics to current jurisdictions may be only dimly.

Nevertheless, I shall be happy to provide you here a good portfolio of diverse BGH - to give decisions along the way, which is certainly not so easy due to the abundance. So I have here limited to a small example to illustrate the adjudicatory Nung - namely to publish reports on the subject of fees.

Opinion fees Judgment of the Civil Division of 04.04.2006 X. - X ZR 80/05 A damage assessment are generally used to enable the realization of claims for compensation.

The correct determination of the damage amount is owed as a success; For this, the experts shall be liable.

Therefore carries a geared to the amount of damages appropriate flat-rate fee, the circumstance decisive covered by the case law into account weight, that the fees of the experts is the consideration for the determination of the economic value of the claim of the injured party.

An expert who determined his fee on such a basis for routine advice, therefore preclude represented in the jurisdiction of the lower courts and a part of the literature considers the limits of the granted to him by law for discretion does not exceed in principle.

Judgment of the Civil Division of 04.04.2006 X. - X ZR 122/05 § 631 BGB a) A contract under which an expert has to issue an opinion on the level of a motor vehicle accident damage, is a work contract.


BGB § 632 para. 2 b)

the content of the agreement reached between the parties is decisive for the calculation of the remuneration of experts, which according to § 632 BGB - determine their actual agreement, a possibly present tax or the customary remuneration to the content of the agreement - in that order.

Otherwise, a remaining gap to close contract with the principles on the supplementary contract interpretation, performance for the subject matter and difficulty of the work and can be pursued in particular with the Treaty interests of the parties is important.

Only if a contractually agreed remuneration can not be determined in this way, 316 BGB can supplementing the Treaty to the provisions of §§ 315, be used. 

BGB § 315 para. 1 c)

An expert who makes an oriented on the amount of damages adequate lump sum of its fees for routine advice, the limits of what he has been granted by law for discretion does not exceed in principle. As mentioned, the dimensions of the judgments are so unmanageable that you only a small way it can be shown here to help you look to clarify how such judgments with respect to such a text at all.

Do you want to know more, please contact me, I will then list other ways to access detailed information.