Cost subsidy in the Commercial Agent Agreement
Decision of the OLG Cologne – Ref. 19 U 71/24 The OLG Cologne has significantly strengthened the rights of commercial agents against companies. In a ruling dated September 23, 2024, the OLG Cologne made it clear that a commercial agent does not have to repay received subsidies after a termination without notice (Ref. 19 U […]
ECJ on Vegan Schnitzel and Organic Logo
Decisions of the European Court of Justice – Case Nos. C-438/23 and C-240/23 Can a steak, schnitzel, or sausage also be vegetarian or vegan, and may a plant-based product be referred to as such at all? This question occupied the European Court of Justice. In its ruling on October 4, 2024 (Case No: C-438/23), the […]
New Naming Law Since May 1, 2025
More freedom and new possibilities in name law On May 1, 2025, a comprehensive reform of name law came into force in Germany. The aim of the new regulations is to provide families and particularly married couples as well as parents more freedom and flexibility in choosing the family name. At the same time, legal […]
ProReal Europa 9 / 10 – High Losses for Investors
Investors’ Claims for Damages Approximately 278 million euros were invested by investors into the ProReal Europa 9 and ProReal Europa 10 capital investments – now they risk losing the majority of their money. According to a mandatory announcement by the two ProReal companies, published by BaFin on May 5, 2025, investors are expected to lose […]
Commercial Legal Protection and Litigation
Comprehensive protection of intellectual property The protection of intellectual property is a crucial success factor for companies in an increasingly innovation-driven economy. Therefore, intellectual property or Intellectual Property (IP) should be consistently protected against third parties. Industrial property protection offers the necessary legal instruments that serve to secure technical inventions, brands, designs, and business identifiers. […]
M&A – Advantages and Disadvantages of an Asset Deal
Comprehensive legal advice on M&A transactions In corporate acquisitions within the framework of Mergers & Acquisitions (M&A), the question regularly arises whether an asset deal or share deal is the better approach. Both variants bring different legal, tax, and practical implications. The asset deal, in particular, presents labor law challenges that companies and acquirers should […]
Paternity Test with Identical Twins
Decision of the OLG Oldenburg from January 14, 2025 – Ref.: 13 WF 93/24 Who is the father? This question concerns children, parents, and courts. Normally, the question can be answered through a paternity test. However, if identical twins are considered as the father, it becomes more complicated. The OLG Oldenburg has now made it […]
Divorce and Pension Adjustment
Long separation periods can be considered in pension compensation If a couple has been separated for a long time, they should also consider divorce, as the legal status changes as a result. This can particularly have financial implications, as a long separation period can also be taken into account when calculating pension compensation. This is […]
Insolvencies Are On the Rise
Options for Corporate Restructuring The number of corporate insolvencies in Germany continues to rise. According to the Institute of the German Economy (IW), the number of businesses filing for insolvency in the past year was the highest since 2015, and the trend is ongoing. According to IW data, nearly 22,000 companies in Germany filed for […]
Marriage Contract in International Marriages
Ruling of the Berlin Court of Appeal on Immorality Due to Lack of Language Skills Marriages between partners of different nationalities are not uncommon. In such cases, the couple may also choose to enter into a marriage contract. However, the lack of language skills of one partner may create a barrier, but it does not […]
Immorality in Wills
Munich Higher Regional Court on Disinheritance Due to Marriage The freedom to make a will is a highly valued right, but it also has its limits. Wills that are immoral are considered void. Where the line between the freedom to make a will and immorality is drawn is often a point of dispute. The Munich […]
Inheritance Tax Exemption for Family Home
Only the Family Home Can Be Inherited Tax-Free Even if a comparable property is included in the estate, only the family home can be inherited tax-free, provided that certain conditions are met. This was clarified by the Lower Saxony Tax Court in its ruling on 13th March 2024 (Case No.: 3 K 154/23). The heir […]
Bank Loses Right to Claim Interest
Judgment of the ECJ on 13th February 2025 – C-472/23 When taking out a loan with a bank, the borrower is required to pay interest. However, the bank may lose its right to claim interest if it has violated its duty to provide information. The bank is obliged to clearly and understandably inform its clients […]
Mortgage and Land Charge
Securing a Real Estate Loan with a Property Lien To secure the bank when granting a real estate loan, a land charge or mortgage is typically registered in the land register. Both of these are types of property liens, but they have legal differences. Without taking out a loan, purchasing a property is generally not […]
Compensation for Non-Acceptance Due to Delayed Target Setting
Judgment of the Federal Labor Court on February 19, 2025 – 10 AZR 57/24 In addition to a fixed salary, employment contracts may also stipulate variable compensation tied to the achievement of specific targets. However, the employer must provide these targets in a timely manner, as failure to do so can trigger claims for damages […]
Compensation for Delayed Target Setting
Judgment of the Federal Labor Court on February 19, 2025 – 10 AZR 57/24 In addition to a fixed salary, employment contracts may also stipulate variable compensation tied to the achievement of specific targets. However, the employer must provide these targets in a timely manner, as failure to do so can trigger claims for damages […]
Competition violation grounds for immediate dismissal
Judgment of the LAG Cologne – Az. 6 Sa 606/23 The immediate termination of the employment relationship may be justified if an employee forwards emails to a competing company. This was the ruling of the Regional Labor Court of Cologne on June 6, 2024 (Az.: 6 Sa 606/23). An extraordinary and typically also immediate termination […]
Implementation of the NIS 2 Directive
Compliance Requirements With the introduction of EU Directive 2022/2555, commonly referred to as NIS 2, the compliance requirements for companies have increased significantly. NIS 2 is the EU’s response to the growing threat of cyberattacks. The directive regulates the cybersecurity and information security of companies and institutions. Cyberattacks are now considered one of the […]
Expansion of Manufacturer Liability
ECJ Ruling of December 19, 2024 – C-157/23 With its ruling of December 19, 2024, the European Court of Justice (ECJ) has tightened the application of the Product Liability Directive (Case No. C-157/23). According to the ruling, suppliers can also be held liable for defective products if their name or identifying mark fully or […]
Egg Liqueur Cannot Be Vegan
Vegan drink must not be advertised as an egg liqueur alternative – Regional Court of Hamburg, Case No. 406 HKO 76/23 A vegan drink must not be advertised as an “egg liqueur alternative.” This was decided by the Regional Court of Hamburg in a ruling dated April 23, 2024 (Case No. 406 HKO 76/23). […]
