Best Lawyers 2023 – MTR Legal Rechtsanwälte and Attorney Klaas honored
The US publisher Best Lawyers selects the best lawyers every year. In Germany, the law firm MTR Legal Rechtsanwälte and attorney Marc Klaas are among the Best Lawyers 2023. The renowned US trade publisher Best Lawyers determines the best law firms and attorneys in various legal fields every year. The commercial law firm MTR Legal […]
Trademark Law – No Sufficient Distinctiveness Through Additional ‘E’
An additional “E” does not provide sufficient distinctiveness in trademark law. This was clearly demonstrated by the Munich Regional Court in its ruling of January 19, 2023 (Case No.: 1 HK O 13543/21). Trademarks are of high value to companies. Therefore, it is all the more important to register and comprehensively protect them. The commercial […]
Franchisor Has Comprehensive Duty of Disclosure
Even in a master franchise agreement, the franchisor has a comprehensive pre-contractual duty of disclosure. This was confirmed by the OLG Frankfurt with a judgment dated 12/8/2021 (Az. 4 U 251/20). In commercial law, franchise law plays an increasingly important role. In this context, the franchisor has comprehensive pre-contractual duties of disclosure towards the franchisee. […]
BFH: Gains from the Sale of Cryptocurrencies are Subject to Taxation
Profits from the sale of cryptocurrencies like Bitcoin are taxable. This was decided by the Federal Finance Court in a ruling on February 14, 2023 (Az. IX R 3/22). Cryptocurrencies have been subject to significant price fluctuations in the past. Anyone who bought virtual currencies like Bitcoin at the right time and sold them again […]
Deferred Tax Claims Due to Corona – No Back Payment Interest
According to a ruling by the Münster Finance Court on October 26, 2022, no back interest is due on tax claims deferred interest-free during Corona (Case No.: 13 K 1920/21). Corona posed enormous financial challenges for many businesses and the self-employed. To support them, the Federal Ministry of Finance during the pandemic allowed tax claims […]
Termination Due to Poor Performance
The dismissal of an employee due to poor performance can be lawful. This is demonstrated by a judgment of the Cologne Regional Labor Court on May 3, 2022 (Ref.: 4 Sa 548/21). According to labor law, the employer can pronounce a behavior-related dismissal if the employee violates their contractually agreed duties. This includes the employee […]
Consideration of ESG Risks in M&A Transactions
The ESG factors of sustainability, social responsibility, and good corporate governance are also gaining increasing importance in M&A transactions and stand alongside other value creation factors. Sustainability is also becoming increasingly important in the area of M&A. Thus, in corporate transactions, the ESG factors Environment (sustainability), Social (social responsibility) and Governance (good corporate governance) play […]
Higher Inheritance Tax on Real Estate Expected
For inherited real estate, a significantly higher inheritance tax might apply from 2023. The reason is changes to the Valuation Act, which are part of the planned Annual Tax Act 2022. The Annual Tax Act 2022 has not yet been passed. Should the Bundestag and Bundesrat give the green light for the legislative project, it […]
BFH: Tax Exemption in Real Estate Sales
The profitable sale of a property can potentially be tax-free. However, there are strict limits for tax exemption, as shown by a Federal Fiscal Court ruling of May 24, 2022 (Ref. IX R 28/21). Tax law stipulates a speculation period of ten years for the purchase and sale of real estate. This means: If a […]
ECJ Advocate General on Compensation for Data Protection Breach
According to the Advocate General of the CJEU, compensation for GDPR violations is only warranted if actual material or non-material damage has occurred. IT law is still relatively new and case law is often not yet solidified. There is still disagreement on when compensation claims for data protection violations arise. A case before the CJEU […]
Corona – BGH on the Obligation of Operating Closure Insurance
In the case of officially ordered shutdowns due to corona, business closure insurance may be liable according to a ruling by the BGH on January 18, 2023 (Az.: IV ZR 465/21). Due to Corona, there were repeated officially ordered shutdowns in the gastronomy and hotel industry. The current BGH ruling shows that business closure insurance […]
OLG Karlsruhe: Bank liable for forged transfers
Criminals obtained around 255,000 euros through fraudulent transfers. The bank must compensate the account holder for the damages as per the ruling of the OLG Karlsruhe dated April 12, 2022 (Ref. 17 U 823/20). Fraudsters are ingenious when it comes to emptying foreign bank accounts. Banking law stipulates that affected account holders are not defenseless […]
BFH on the Tax Recognition of Non-Congruent Profit Distributions
The BFH ruled on 28.09.2022 that under certain conditions an incongruent profit distribution can be recognized for tax purposes even without a corresponding provision in the articles of association. Profit distributions in practice do not always occur based on the ownership ratios. Tax law allows for the recognition of such incongruent profit distributions. According to […]
CJEU – Companies must inform about data recipients
Everyone has the right to know to whom their data has been disclosed, according to the CJEU. Following this CJEU ruling on January 12, 2023, the requirements for businesses regarding data protection are likely to increase. In IT law, data protection law plays a crucial role. The protection of personal data has been significantly sharpened […]
Voluntary Disclosure – More Transparency in Cryptocurrencies
An international exchange of tax-relevant information is also emerging for cryptocurrencies. This should make transactions more transparent and avoid tax evasion. Transactions with cryptocurrencies still partially fly under the radar in tax law. The financial courts in Cologne and Baden-Württemberg already decided in 2021 that profits from the sale of cryptocurrencies are taxable. However, transactions […]
Former Partner Inherits Despite New Partnership
According to a decision by the Higher Regional Court of Oldenburg, the testamentary appointment of the life partner as heir can remain valid even if the partner has a new partner (Ref.: 3 W 55/22). In the statutory order of succession, the unmarried life partner is not recognized under inheritance law. By creating a will, […]
Account Seizure within the EU
With the European Account Preservation Procedure, creditors can freeze funds in a debtor’s EU foreign account and collect outstanding claims. Many companies, as well as private individuals, not only have domestic bank accounts but also have accounts abroad. There can be good reasons for having a foreign account, but for a creditor, it can become […]
Scope of Software License Agreements
The use of software can be granted through appropriate licenses. It is important to distinguish whether the licensee is granted simple or exclusive usage rights. IT law is not an independent legal field, but intersects with a variety of legal areas such as trademark law, competition law, data protection law, or copyright law. Particularly in […]
SanInsKG – Temporary Changes in Insolvency Law
Due to the economic consequences of the Ukraine war, the federal government has decided on temporary adjustments in restructuring and insolvency law. The so-called SanInsKG has already come into force. Disrupted supply chains and rising energy prices present many companies with a major problem after the Corona crisis. The federal government has responded to this […]
Only one property can be exempt from inheritance tax as a family home
The family home can be inherited tax-free under certain conditions. However, as a judgment by the Munich Fiscal Court shows (Ref. 4 K 692/20), the tax exemption can only apply to one property. Tax law stipulates that the family home can be inherited tax-free if certain conditions are met. Among other things, it is necessary […]
