Purchase Agreement in International Law
Global trade relations continually pose new challenges to international law. In case of a dispute, it is often necessary to first determine which law applies. International law holds significant importance in a global world. When legal disputes arise between contracting parties from different countries, private international law plays a crucial role in determining which law […]
Contract Law – New Requirements for the General Terms and Conditions
In contract law, there have been several changes in 2022. Companies must particularly ensure a legally secure design of their General Terms and Conditions (GTC). Numerous changes in contract law came into effect at the beginning and throughout 2022. The changes affect, among other things, the legal design of the GTC, which companies must accordingly […]
Sale during Self-Administered Insolvency – Buyer is Not Liable for Existing Liabilities
When selling a commercial enterprise during self-administered insolvency, the buyer is not liable for liabilities incurred by the operation of the business, according to the Federal Court of Justice (case number: II ZR 457/18). According to § 25 paragraph 1 sentence 1 of the German Commercial Code (HGB), the buyer of a commercial enterprise is […]
ECJ Strengthens Interim Legal Protection in Case of Patent Infringement
The creative potential is an important building block for a company’s success. Therefore, an effective protection of intellectual property is even more important to guard against imitators. To ensure comprehensive protection of intellectual property, there is a bundle of industrial property rights, summarized under the term Industrial Property Protection. These essentially include trademark law, competition […]
OLG Karlsruhe Confirms Premature Dismissal of a Supervisory Board Member for Important Reason
If the behavior of a member of the supervisory board makes further collaboration unreasonable, early dismissal may be considered. The Higher Regional Court (OLG) Karlsruhe has recently confirmed this (Ref. 1 W 85/21). Members of the supervisory board can be dismissed early for an important reason. However, the legislator did not specify when an important […]
