Berlin | Dusseldorf | Frankfurt | Hamburg | Cologne | Munich | Stuttgart

ProReal Germany 7- Delayed Payment

ProReal Dtl. 7- Verzögerte Zinszahlung & Rückzahlung-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

Investors Must Fear for Their Money For investors of the registered bond ProReal Germany 7, there is bad news: Neither the interest payment due on June 30, 2024, nor the repayment of the bonds by December 31, 2024, is expected to occur on time. This was announced by the company in a mandatory notification on […]

Cloud providers don’t pay a copyright fee

Cloud-Anbieter zahlen keine Urheberrechtsgebühr-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

Judgment of the Higher Regional Court of Munich dated February 2, 2024 – Case No.: 38 Sch 60/22 WG e Clouds are not considered remuneration-required storage media or duplication devices. Therefore, providers are not required to pay a copyright royalty. This was decided by the Higher Regional Court of Munich in its judgment dated February […]

German copyright law for cross-border infringements

German copyright law for cross-border infringements-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

The Cologne regional court strengthens authors with judgment from Dezember 21, 2023 German copyright law can also be applied when the infringement occurs on a foreign website. This was decided by the Cologne Regional Court in its judgment of December 21, 2023 (Case No.: 14 O 292/22). In Germany, copyright enjoys particularly high esteem. However, […]

Protection against competition in lease agreements

OLG Düsseldorf: Konkurrenzschutz in Mietverträgen-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

Clause effective only in case of actual impairment In commercial lease agreements, a competition protection clause can be agreed upon. However, a reduction in rent due to a breach of the competition protection clause requires that there has actually been an impairment. This was clarified by the Higher Regional Court of Düsseldorf in its judgment […]

Design protection for the game block remains

Designschutz für Spielbaustein bleibt bestehen-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

The Court of Justice of the European Union (EuG) has rejected a lawsuit with the judgment dated January 24, 2024 – T-537/22. The design of a well-known building block remains legally protected. This was decided by the European Union Court (EuG) with a verdict from January 24, 2024 (Case No.: T-537/22). The design of a […]

Shareholders must bear costs for insolvency

Gesellschafter müssen Kosten für Insolvenz tragen-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

Federal court of justice sees no reason for limitation of liability Shareholders with unlimited personal liability must also bear the costs of the insolvency proceedings in the event of the company’s insolvency. This was decided by the Federal Court of Justice in its judgment of November 21, 2021 (Ref.: II R 69/22). Shareholders with unlimited […]

Corporate insolvencies increased in 2023

Unternehmensinsolvenzen 2023 deutlich gestiegen-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

Paths to corporate restructuring According to the Federal Statistical Office, the number of corporate insolvencies in Germany between January and September 2023 has risen by 24.7 percent. In absolute numbers, this means that 13,270 companies have filed for insolvency during this period. The increasing number of insolvencies, according to the law firm MTR Legal Attorneys, […]

Raid on DWS due to suspicions of greenwashing

Razzia bei der DWS wegen Verdacht auf Greenwashing-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

The Frankfurt public prosecutor’s office pursues suspected investment fraud The suspicion of greenwashing at the DWS fund house is not new, and investigations are ongoing. On February 1, 2024, the Frankfurt Public Prosecutor’s Office had the DWS premises in Frankfurt searched for the third time. This was the second raid within two weeks against DWS, […]

OLG Celle: notarial will null due to immorality

OLG Celle: Notarielles Testament wegen Sittenwidrigkeit nichtig-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

Caretaker of the deceased has no claim to the inheritance A will is considered immoral if it exploits a predicament of the testator. The Higher Regional Court (OLG) of Celle has clarified with a decision on January 9, 2024, that immorality may be present if a professional guardian exploits their position to influence a susceptible […]

Illegal loan termination due to negative SCHUFA

Unzulässige Kreditkündigung bei negativer Schufa-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

Judgment of the Düsseldorf Regional Court of December 21, 2023 – Case No. 8 O 55/23 A bank may terminate a loan for a significant reason. For instance, termination is possible if the repayment of the loan is at risk due to a significant deterioration in the customer’s financial situation. However, a negative SCHUFA (Credit […]