 News
Under Newsletter you find „Der juristische Blick“, the folder with legal news for clients, friends and partners from the Beukenberg attorneys at law. Under Jobs offer we difficult workareas in the office. Inform yourself also about our Seminars from the lawyers. [4th December 2004] Headline news about artificial insemination“Health insurance fund has to pay for insemination - Parents win - Health insurance fund lodges appeal” (HAZ, 4th December 2004) “Insemination: health insurance fund has to pay …even if a couple already has a child?” It remains to be seen whether artificial insemination is going to be successful, one thing, though, can be taken for granted - health insurance is obliged to pay for the costly treatment. One of our attorneys, Dr. jur. Andreas Weber represented the father before the court. The couple already had one child and wanted to have another. The 39-year-old man has, however, been diagnosed with infertility. The likelihood of achieving a pregnancy by means of artificial insemination was quite high, though. The health insurance fund was supposed to pay for the treatment. Infertility is considered to be an illness in respect of married couples, which artificial insemination is a therapeutic measure for. The treatment ends when a child is born. The health insurance fund, however, refused to bear the expenses for the treatment, reasoning that the couple already had one child. The health insurance contract contained a clause stating that married couples which already have a child are not entitled to meeting the costs. The daughter of the couple, who was born in 2000, had been conceived naturally. The father’s infertility began only later. He asked for primary treatment, but the health insurance fund left his request unattended. Before the court, such an approach the fund did not get away with. The couple now has three insemination attempts, for which the fund has to pay. Appeal proceedings have started, it remains to be seen what the result will be. Because of the delicate nature of the matter, not all families with similar problems dare to present their matter before the court and let their health insurance funds rob them of their hopes instead. Further links: Dr. jur. Andreas Weber, the couple’s attorney
Article in the Neue Presse (NP)
Article in the Hannoversche Allgemeine Zeitung (HAZ) [9th September 2004]On 9th September “Neue Presse Hannover” under the headline “Bank loses dispute over interest rates” reported on a court ruling in case deal with by one of Beukenberg lawyers. A major German bank had sent to one of its guarantors excessive interest rate statements. Our lawyer Jutta Beukenberg defended the guarantor before the regional court to the effect that in the end he did not have to pay anything. Our client had undertaken a guarantee for one of his company’s credits and had to guarantee for it when the company became insolvent. The amount that the bank demanded as interest on the debit balance was big. The bank simply calculated credit interest rate of 13.5 per cent, instead of interest rate of 4 per cent, which is the statutory interest rate on guarantees. Another subject matter of the court hearing concerned an additional five-digit sum which the bank claimed to have paid in form of a cheque to our client within credit limit. Neither the existence of the cheque could be proven, nor the general interest rate of 13.5 per cent documented during the court proceedings. Therefore the court has dismissed the claim and the guarantor does not have to pay anything. The bank has announced that it is going to lodge an appeal. For more information please contact our attorney Jutta Beukenberg who has successfully represented our client. [27th May 2004]In its ruling of 27th May 2004, the Hanover Social Security Tribunal acknowledged the right of “web designers” to an insurance cover by the Artists’ Social Security Fund (KSK – Künstlersozialkasse). The KSK reserved itself the right to insure only “artists”. The definition of the scope of this profession was revised with reference to the new profession of web designers. Up to now it has not been a problem to obtain an insurance cover for classical art graduates, no matter if their actual occupation is connected with art or not. If, however, someone works as an artist without an education in art, the KSK has so far refused the cheaper insurance cover. A web designer, who had initially studied architecture and then further qualified for the artistic profession of a web designer, successfully sued the KSK, which now has to retroactively insure her. This does not, however, apply to all web designers yet – the KSK has announced that it is going to lodge an appeal. For more information please contact our attorney Uwe Lehr who has successfully represented our client. [1st May 2004]On 1st May 2004, new member states joined the European Union and the European Community Trademarks and Designs will be “extended” (without additional fees for copyright owners). [2nd November 2003]The USA declared their accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The protocol entered into force on 2nd November 2003. As of this date, it is possible to extend the protection conveyed by an already existing international registration to the USA, with an additional fee of SFR 73.00. (Cyprus declared its accession to both protocols on 4th November 2003, Albania has been a member of both protocols since August 2003). [13th September 2003]The new Copyright Act entered into force on 13th December 2003. The law regulating copyright in the information society extends the protection of an author on the exploitation of his work in the Internet, which should lead to the extension of the existing protection of intellectual property. This is true first of all of regulations concerning penalty and administrative fines that have been extended to such an extent that any unauthorised download possibilities could be punished under penalty law. [1st April 2003]Effective as of 1st April 2003, designs can be registered uniformly in the EU. Details upon request. [1st January 2003]The renowned partnership Ritter, Gross & Partner with offices in Hanover, Braunschweig and Magdeburg dissolved itself on 31st December 2002. More… | 
