Insolvencies Are On the Rise
29. April 2025
In our blog, we inform about current topics in the field of law.
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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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Vegan drink must not be advertised as an egg liqueur alternative – Regional Court of Hamburg, Case No. 406 HKO 76/23 A vegan drink
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Sanctions and Voluntary Disclosure to Avoid Prosecution Instead of a lengthy court procedure, a penalty order (Strafbefehl) may be issued in cases of tax
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Gift to Employees – Ruling of the Federal Fiscal Court on Tax Implications – Ref.: VI R 21/22 If a company gifts business shares
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Ruling of the Federal Fiscal Court dated July 31, 2024 – Ref. II R 20/22 When friends or family members grant each other loans,
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Custody withdrawal is not a tool for sanctioning parents Custody of children is often a major point of contention between parents during separation and
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Separation maintenance reduced due to misconduct – Higher Regional Court of Munich – 12 UF 265/23 e Before a marriage is officially dissolved, couples
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Reserves of Homeowners’ Associations at Risk Homeowners’ associations whose reserves were invested in bonds of DR Deutsche Rücklagen GmbH are facing another blow. DR
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Investor Claims for Damages and in Insolvency Proceedings DEGAG Bestand und Neubau 1 GmbH, DEGAG Kapital GmbH, and DEGAG WI8 GmbH issued profit participation
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Doctor Entitled to Deletion – Ruling by the Higher Regional Court of Munich, Case No.: 18 U 2631/24 Pre e Products, services, employers –
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Decision of the Federal Court of Justice dated January 23, 2025 – Case No.: V ZB 10/24 A right of first refusal can be
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Rulings of the BGH from February 20, 2025 – Case Nos.: I ZR 16/24; I ZR 17/24; I ZR 18/24 The manufacturer of a
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Regional Court of Nuremberg-Fürth Rules in Favor of Consumer Center Baden-Württemberg Investors in the UniImmo Wohnen ZBI suffered significant financial losses in the summer
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Obligations Must Be Fulfilled Until the End of the Contract – OLG Cologne, Case No. 19 U 150/22 A commercial agent cannot simply stop
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Federal Court of Justice (BGH) on the Liability of Former Managing Directors – Case No.: II ZR 206/22 In cases of insolvency or over-indebtedness
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Misleading Indication of Origin or Variety Name? So-called Dubai Chocolate is gaining popularity but is also leading to legal disputes. In a ruling dated
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Correction is sufficient in the case of an identity-preserving change of form – Higher Regional Court of Munich 34 Wx 71/24 e Under the
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Rulings of the Federal Court of Justice on Custody Fees – Case Numbers: XI ZR 61/23, XI ZR 65/23, XI ZR 161/23, and XI ZR
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Investors’ Compensation Claims On January 27, 2025, DEGAG Deutsche Grundbesitz Holding AG and DEGAG Bestand und Neubau 1 GmbH filed for insolvency. According to a
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OLG Munich on Authenticity and Testamentary Capacity – Decision of August 12, 2024, Case No. 33 Wx 294/23 e Disputes over the authenticity of
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Decision of the Munich Higher Regional Court (OLG) dated 09.08.2024 – Case No.: 33 Wx 115/24 e By drafting a will, a testator can
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Bank Loses Claim to Prepayment Penalty After BGH Ruling – Case No.: XI ZR 75/23 If a loan is repaid early, banks and savings
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