Safe To Leave Thule On Car?

For those who have now quickly carry away files


re a funny comment from Sixt to burning questions. ( Sixt helping tax evaders, via off the record )

Koozie Sayings For Weddings

Links

speech of the year 2007: Oskar Lafontaine - Speech in the debate on the federal budget for 2008 (Department of Rhetoric at the University of Tübingen)

why the prosecution against the major tax cheats is going to be so militaristic. the state as hunters (A comment by Heribert Prantl, sueddeutsche.de)

ZJS - Journal for the study of law (free online magazine for law students)

The list - 50 blogs and websites for jobs and careers (via Career Bible)

Easy to use search engine for the mirror archive (via jura bilis )

Flash Drive Drivers For Windows Ce

Supreme Court: Wrong quote ("Bauernfängerei)

untrue statements of fact are not protected by freedom of expression.

The road to this simple insight can be quite difficult as this decision of the BGH, 20.11.2007 - VI ZR 144/07 - shows.

In quoting the defendant had the text of a statement made by an industry information service, incorrect played. The defendant was using the expression "Bauernfängerei" gives the impression that information he cited Journal of the process the applicant's funding model had criticized in this way. The statement objected to was there, but in a different context, referring to the supposedly short subscription period for shares of the applicant.

The applicant seeks, therefore, order the defendant to refrain from the assertion that the industry information service "..." have the funding process model referred to as the applicant Bauernfängerei.

The dispute went to the Federal Constitutional Court (in detail: Landgericht Frankfurt am Main, Judgement of 23.01.2003 - 2 / 3 0 499/00, OLG Frankfurt am Main, Judgement of 25.09.2003 - 16 U 15/03; BGH, Judgement of 16.11.2004 - VI ZR 298/03, 1st Appeal of the Federal Constitutional Court, decision of 08.05.2007 - 1 BvR 193/05).

The court now had the last word and found:

The defendant is not allowed to express his opinion on the legal financing model of the applicant but it is the wrong, to prohibit a document location provided assertion that the industry information service ".. . had expressed himself in this way on the model of the applicant. Incorrect items are not covered with the protective purpose of Article 5 paragraph 1 sentence 1 GG. On the play proved untrue facts, there is no legitimate Interest (Senate verdict BGHZ 139, 95, 101 f.; ff cf. BVerfGE 54, 208, 217, 61, 1, 8, 90, 241, 248 f., 253 with further references). That finding is not from the perspective of freedom of occupation (Article 12 paragraph 1 sentence 1 GG) or the academic freedom (Article 5 § 3 GG).

( BGH, Judgement of 20.11.2007 - VI ZR 144/07 )

Electric Masterbaters

Super Social Tuesday

As part of the YouChoose campaign for U.S. presidential election now YouTube has launched a special page for today's "Super Tuesday . On a Google Map, make video with speeches by the candidates, watch interviews, political analysis and opinions of voters on the ground.

1978 John Deere Snowmobile

curious judgments and around Carnival

most celebrated fools and jesters peaceful. And if there is contention, then this leads to rather curious decisions. Here is a selection of decisions about Carnival and Carnival.

Flying chestnuts & Co.
No claim for compensation after an injury by box of chocolates at a carnival parade.
The district court noted this, Aachen (Judgement of 10.11.2005 - 13 C 250/05):

It is well known to be thrown in Mardi Gras parades of floats from the objects in the audience. That this way the audience is a risk of such an object also injured to be, the applicant may also not have been unknown. If the applicant nevertheless regarded as a spectator a carnival parade, he agrees thereby implied, in such a risk of injury. If the applicant is then actually hurt by such a thrown object, he can derive from it in any event no claim for damages.
decisive factor in assessing the situation, in which the applicant has consented by his presence, is not only the specific location B, but the entire Rhineland. ... In the Rhineland, but it is how well the applicant has not disputed, as usual, except to throw candy with other objects such as boxes of chocolates or chocolate bars.

If they're too strong ... Who wants to watch
a carnival parade on the Monday, it must also expect that to be thrown from the floats candy. Should you become a hard-hitting strong sweets made such that an incisor terminates, one can not impose civil liability claims against the organizers. This bitter experience made a man before the District Court Trier (1 S 18/01).

nothing to laugh ...
had a plaintiff who slipped in the Cologne Arena in big events "Laughing Cologne Arena" after drinking 3.5 liters of beer.
OLG Köln (Judgement of 06.08.2002 - 19 U 7 / 02) has an action for rejected for pain and suffering and damages against the organizers of the carnival event for breach of a duty to maintain safety and running:

The defendant did not infringe the incumbent duty to maintain safety and the plaintiff is conclusive due remained for the fact that a wet spot in stairway near or on a step the cause of the of it has been put forward fall. ... it is equally conceivable that the plaintiff fell because he had been initiated by someone in the throng or bumped or tripped over some leg or has represented some of carelessness or uncertainty resulting from the stairs located on the crowds. This is to exclude the less, as the plaintiff claims to have drunk himself to his statements before the accident, about 3.5 liters of beer. The damage can, however - as here - be due to several typical damage processes, only one of which leads to the liability of the defendant, has decided to adopt a prima facie evidence in favor of the victim, so that this bears the full burden of proving the actual damage process (see Palandt .-Henry, 61 edition, before § 249 BGB, Rn 164 with further references; OLG Hamm VersR 1995, 187; OLG Köln VersR 1997, 1113).

It may pop
The District Court Trier (1 S 18/01) has decided that the organizers of a carnival parade can not be held responsible for all conceivable risks. A woman had suffered at the Rose Monday parade by a bullet from a so-called Weinberg cannon a blast injury and sued for damages against the organizer. The court dismissed the case and found that the organizer is indeed obliged to take precautions to protect the spectators against loud noises during Carnival, the spectators had to protect themselves but, for example, by stepping back from the curb edge.

music only if it is loud
A parade may be noisy, which ruled also the administrative court in Frankfurt (15 G 401/99). Residents can not claim that this a noise limit of 70 decibels is maintained. There were a nuisance of relatively short duration and also a traditional event. be

The noise from restaurants and that must be tolerated, especially in the night from Rose Monday Carnival on Tuesday (Amtsgericht Köln - 532 OWI 183/96).
The Administrative Court of Koblenz (1 L 141/02) in fact found to be legal, the Carnival is part of the native customs. The fool's freedom has its limits. It was decided by the same court that a marquee is eliminated in a purely residential area as a venue for a Carnival celebration (1 C 745/03.KO; 1978/03.KO 1 K).

To Dealing with the friend and helper
Beschimpft a drunken Jeck a police officer as "asshole" and "bull shit", then the official is not offended because the remarks personally not against him, but directed against his capacity as police officers. If, however, he spat in addition, an injury has occurred (at a cost of 250.00 euros.) (Landgericht Münster - 8 S 210/02)

no entitlement to paid holiday on the Monday

a claim on paid administrative leave Rose Monday through practices that is in the scope of the former TV Arb (collective agreement for workers at the German Federal Post) following repeated unconditional Grant did not occur. He is also not caused by the fact that the practice was continued after the privatization of Deutsche Telekom AG, for this to the MTV came into force on 01.07.2001. The operations form clause contrary to ancillary agreements in both collective works. The leave of Rose Monday is ancillary.

(LAG Köln, Judgement of 08.08.2003 - 11 (12) Sa 239/03)

judges with humor
OLG München (Decision 10.12.1999 - 26 AR 107/99 = NJW 2000, 748) had to decide on a Disciplinary Complaint against a Munich district court judge, the hearing in a number of family cases to 11.11. had terminated at 11.11 clock. The complainant - A defendant in a maintenance process - did not feel taken seriously and said that the judge wanted to make fun of the termination well. She saw their human dignity trampled upon, and would bring the judges to simply reflects that he considered the dispute as essentially foolish.

The Appellate Court judge saw the matter somewhat differently:

"The fact that the challenged judge because of the Disciplinary Complaint angry so that he can not be impartial is just the kind of humor, which the judge - whether appropriate or inappropriate - shown in scheduling has to be excluded. " The judge had at best "a little joke" allowed. If he held at 11.11 at 11.10 clock clock would have terminated, would have no one excited. The Court of Appeals concludes with the words: "Something humor, or at least calm, can be expected from the armed parties to a family matter."

judge without humor
Not all find the custom with the tie performance to Weiberfastnacht funny. The district court of Essen (20 C 691/87) understood here not fun and condemned a Jeckin to pay damages in the amount of 40 DM

The speech laid paper is not art
The Bundesfinanzhof (Judgement of 26 February 1987 - IV R 105 / 85) ruled that the carnival speeches "not intrinsically creative activity with a certain design level" and so therefore not subject to income received as income from artistic activities constitute the reduced tax rate.

Because the absence of an intrinsically creative activity, if the speakers work with templates and the same speech, though with variations, in many cases always forget about. The intrinsically creative element is lacking, even if the speaker get along with the use of a few basic patterns and designing only in special exception cases, an individual speech text. The applicant has however maintained his lively speeches to about 80 to 125 events for a particular speaker template. This satisfied the requirements for a self-creative Activity and not if the applicant had held these speeches in Cologne dialect and humorous way.

lively speeches are art
Anders organize the Federal Social Court (3 17/96 and 3 RK 22/96 RK), the carnival societies, the meetings, such as theater and music agencies and thus classifies dutiable. The performance of the SPA Büttenredner saw it as an art with the result that carnival companies have to pay for the performance of their duties at public events, the artists' social fund.

Finally: Kölsch for beginners
Here are the top 10 phrases from the Kölsch Code (also known as the "Rhenish Basic Law") with translations. Including Northern Lights survive playing the carnival in the Rhineland area of mirth.

Article 1: Is it Et as et
Look at the facts in the face

Article 2: Et Kütt as Kütt et
Do not be afraid of the future

Article 3: Et'd still jot
Learn from the past
jejange
Article 4: Wat is it FOTT
Whine things FOTT not to

Article 5: Et bliev nix wie et wor
Be open to new

Article 6: nit mer Know bruche, nit mer, FOTT
domit Be critical, when innovations take the upper hand

Article 7 Wat wave Maache
resign yourself to your fate

Article 8: jot Maach et, äver nit zo of
Watch your health

Article 9: Wat is dä nonsense?
Always place the universal question

Article 10: Drinks a met?
Come to the commandment of hospitality to

Helau!

Magnets Ruin Microwaves

The last smoking areas

The smoking ban is (still) not everywhere. Thus, the placement of several prisoners injured in a designated detention area does not include the human dignity, not even smoke when the inmates. The discomfort caused by smoking inmates therefore does not lead to higher compensation liability.

out in its Decision of 18.12.2007, the Dusseldorf Higher Regional Court in that regard:

The Senate itself has non-smoking members and can certainly empathize with how unpleasant it is to be exposed to a small area of the smoke of others. Until a few years, such situations were common even in freedom, only a relatively short time since smoking is increasing - though not invariably - frowned upon by society and, in parallel illegal in many areas. An impairment that gang until recently in society and there was, and by those who wanted to participate is not active in it, had to be endured for granted, but not today as a violation of Personal rights and / or human dignity are reviewed, that would mean beating the human dignity of small coin (cf. OLG Celle 01.06.2004, NJW 2004, 2766, 2767: depending on the circumstances of the case, an accommodation of smokers and nonsmokers, even legally be). Tangible impact on health by tobacco smoke has not suffered by the claimant by his own account, his reference to the well-known dangers of secondhand smoke such is not replaced, especially as we are concerned here only for a period of five weeks.

(OLG Dusseldorf, decision of 18.12.2007 - I-18 U 189/07)