In our blog, we inform about current topics in the field of law.
Draft legislation designed to modernize partnership law in Germany has formally passed into law. The amendments include changes to how defective partners’ resolutions are dealt
...Under German employment law, an employer can dismiss an employee if they have good cause for doing so, e.g., the employee has kept fraudulent records
...It is possible for a family home to be exempt from estate tax even if several months pass before the heir moves in. In Germany,
...Shareholder suretyships can make it easier for companies to take out loans. Because of the risks involved, it is advisable to consult a lawyer who
...A de facto managing director of a GmbH can be held liable on account of their conduct. Any allegations should prompt the accused to seek
...A company’s legal structure can be the difference between the success or failure of the business. A lawyer specializing in business law can highlight the
...The real estate financing fund Verius, valued at 1.2 billion euros, is in the process of being dissolved. Investors should expect to be faced with
...Frankfurt’s higher regional court – the Oberlandesgericht (OLG) Frankfurt – has ruled that the use of the term “center” in connection with a medical practice
...A number of issues need to be clarified when it comes to divorce. A lawyer who specializes in private client work can point out the
...One of the purposes of Germany’s Future Financing Act (ZuFinG) is to make it easier for high-growth companies to mobilize private capital for investments, meaning
...Modern information technology is part and parcel of everyday business life, a reality that raises a number of legal issues. A lawyer specializing in IT
...Brand-name perfumes exude an air of exclusivity, and who better to preserve their luxurious reputation and make sure they do not end up in a
...Under German real estate law, the seller is required to disclose a variety of information to the buyer before the sale is concluded. As recently
...Cybercrime poses a major risk from the perspective of commercial law. Fortunately, this is something that an experienced lawyer can account for when drafting agreements
...In a judgment from September 27, 2023, Berlin’s regional court – the Landgericht (LG) Berlin – awarded a screenwriter additional remuneration and in doing so
...German company law makes a distinction between a managing director’s position as an executive officer at a company and their employment relationship, and this distinction
...In Germany, a “Berliner Testament” (literally, “Berlin will”) is a type of joint will that aims to provide security for both partners in a marriage,
...Banks are only allowed to cancel a land charge if certain conditions are met. With the move potentially dealing a severe blow to borrowers, they
...Dismissing an employee on the basis of a strong suspicion may be justified if the individual in question is thought to have been inaccurately logging
...Airbnb hosts are risking trouble with the tax authorities if they fail to properly declare their rental income in their tax returns. They can respond
...Germany’s new Supply Chain Act – the so-called “Lieferkettensorgfaltspflichtengesetz” (LkSG) – was formally adopted on January 1, 2023. One of the key issues addressed by
...Advertisements that feature health claims can fall foul of competition law if the claims have not been reviewed and cleared by the European Food Safety
...It is a common occurrence following a company audit for the tax office to issue an estimate of additional income. But businesses on the receiving
...The tax authorities in the German state of North Rhine-Westphalia are increasingly targeting cryptocurrency investors for possible tax evasion. By submitting a voluntary declaration, it
...According to a ruling of Hamburg’s fiscal court – the FG Hamburg – from July 11, 2023, it is possible to transfer assets tax-free thanks
...A paper has been released highlighting the key issues behind plans to modernize arbitration law in Germany, with the ultimate aim of bolstering the country’s
...Unlike when getting married, it is not necessary for both parties to say “I do” to a divorce. In fact, it may even be possible
...It is possible even for gifts made more than ten years ago to affect the claims of the other heirs following the death of the
...One of the prerequisites for a will to be valid is that the testator must have been capable of preparing the will in the first
...Data protection is relevant not only to a business’s customers but also its employees, a fact that employers ought to bear in mind given how
...Registering a trademark makes it illegal for third parties to make unauthorized use of the mark. Its proprietor is thus able to protect themselves against
...Wirecard AG shareholders’ claims for compensation against the now-bankrupt company are set to expire at the end of 2023. Anyone interested in joining the model
...A more than ten percent deviation in the actual size of the rental space from the size cited in the commercial tenancy agreement may justify
...Companies belonging to the Project Immobilien Group have gone bankrupt. Some of those who bought properties have already paid large down payments and are anxious
...Letters of credit (LCs) allow businesses to protect themselves against the possibility of payment delays or defaults in the context of international trade relations. When
...For an expert technical opinion to be eligible for copyright protection, it needs to comply with strict requirements. That was the finding of Düsseldorf’s regional
...German real estate group Project has really been feeling the effects of the struggling real estate market, with a number of the group’s companies having
...Executive board members and managing directors are not personally liable for fines imposed on the company itself. That was the verdict of Düsseldorf’s higher regional
...The recent amendments to German insolvency law, which saw the forecast period for projecting whether a company is likely to survive as a going concern
...The combination of joint liability and loan agreements has the potential to fall foul of the law to such an extent that the co-debtor cannot
...Recordings from overt video surveillance may be admissible in wrongful termination proceedings. That was the outcome of a recent case heard by Germany’s Federal Labor
...Paying works council members inflated salaries may amount to embezzlement. That was the verdict of Germany’s most senior court for civil cases – the Bundesgerichtshof
...Geopolitical developments have increasingly led to a situation in commercial law where it is sometimes necessary to comply with export restrictions when exporting goods from
...Promoting products with expressions such as “climate neutral” has the potential to be misleading and to fall foul of competition law. Such was the verdict
...If an heir is unable to move into the family home immediately, it may still be possible for the property to be inherited tax-free if
...Special investment funds are eligible for preferential tax treatment, according to a recent ruling of the Finanzgericht (FG) [Fiscal Court of] Cologne from August 24,
...The German state of Hesse has begun delving into the so-called “Pandora Papers” with a view to uncovering evidence of tax-related offenses. Anyone considering submitting
...International tax law is facing a major shake-up with the introduction of a global minimum tax on corporate income. International companies need to sit up
...According to a judgment of Germany’s highest civil court – the Bundesgerichtshof (BGH) – claimants in proceedings to obtain a declaration of enforceability for foreign
...A will should always be worded clearly to prevent misunderstandings that could lead to a last will and testament being executed in manner that is
...Individuals coming into an inheritance should always be mindful of estate tax, since it is very difficult to challenge the decision to accept an inheritance
...There is a lot at stake when a married couple divorces and one of the spouses is an entrepreneur. One challenge this can present for
...Violating the EU’s General Data Protection Regulation can prove to be an expensive mistake. One direct bank recently had to learn this the hard way,
...An advertisement for a vacation rental that features a photo wallpaper does not constitute a copyright infringement, according to the Landgericht (LG) [Regional Court of]
...The Frankfurt District Attorney’s Office has ordered a large-scale raid of Adler Group premises in response to allegations of accounting fraud, embezzlement, and market manipulation.
...The European Union’s General Court has ruled in a judgment from May 24, 2023, that the word “Emmentaler” cannot be protected as a trademark for
...In a world where business relations are becoming increasingly international, we are also seeing international law increasingly take center stage. In this context, non-disclosure agreements
...The use of the German word “Ausführungsart” in cosmetic repairs clauses – where the term seemingly refers to the method or approach to carrying out
...The Verius real estate financing fund has been frozen since November 2022. According to a report by German business newspaper Handelsblatt, if the fund were
...It is not necessary for a distribution agreement to include provisions on margins and bonuses. These aspects can be determined unilaterally by the manufacturer. That
...The Deutsche Mittelstandsanleihen Fonds (DMAF) has been going through the process of liquidation since June 14, 2023. Both private and institutional investors in the fund
...Restrictions, whether they be direct or indirect, must not be placed on the commercial agent’s freedom to terminate the commercial agency agreement. That was the
...“Eierlikör” (German egg liqueur) contains eggs. It is for this reason – according to Düsseldorf’s regional court of appeal, the Oberlandesgericht (OLG) Düsseldorf – that
...A member of the board of executive directors at a German stock corporation (AG) cannot simply appoint themselves to the position of managing director at
...Failure to comply with the reporting obligations for foreign trade and payments in connection with M&A transactions may be treated as a summary offense and
...Germany’s highest civil court – the Bundesgerichtshof (BGH) – recently ruled in a case from May 9, 2023, that lenders are not obligated to pay
...Germany’s lower and upper houses of parliament – the Bundestag and Bundesrat – have passed a law designed to strengthen protections for whistleblowers. The legislation
...Fraud lies at the heart of many white-collar crimes. But in order for conduct to amount to fraud, various elements of the offense need to
...Germany’s Federal Labor Court – the Bundesarbeitsgericht (BAG) – has stated that an employer is still entitled, subject to certain conditions, to issue an employee
...U.S. publishing house Best Lawyers has once again recognized commercial law firm MTR Legal Rechtsanwälte and the firm’s very own Marc Klaas in its latest
...In its ranking for this year’s best M&A lawyers, Handelsblatt has once again singled out Marc Klaas at MTR Legal Rechtsanwälte for recognition. The German
...Germany’s Federal Ministry of Justice presented a bill on April 25, 2023, that establishes new commercial courts with the aim of strengthening the country’s judicial
...The German tax authorities are taking aim at investors who have traded cryptocurrencies. Those who have not paid the tax due on the profits may
...A product labeled as caramel pudding must in fact contain caramel. Flavoring agents won’t cut it, says Munich’s regional court, the Landgericht (LG) München (case
...Reporting oneself to the tax authorities over inaccurate or incomplete tax returns continues to be a path for tax dodgers to return to a state
...Tax relief can be claimed in the event of a sole proprietorship being outsourced to a newly formed corporation. That was the verdict of Münster’s
...In a judgment from February 10, 2022, Germany’s highest civil court – the Bundesgerichtshof (BGH) – held that while the amount of taxes evaded can
...Frankfurt’s higher regional court recently ruled that an award or finding of an arbitration tribunal is invalid if it is not signed by all the
...In a judgment from February 22, 2023, Germany’s highest tax court – the Bundesfinanzhof (BFH) – ruled that German companies may not be able to
...A ruling by Germany’s highest civil court – the Bundesgerichtshof (BGH) – from March 22, 2023, illustrates the potential for unintended consequences from renouncing an
...Estate tax may not be due on foreign legacies. That was the verdict of Germany’s highest tax court – the Bundesfinanzhof (BFH) – in a
...In a judgment dated February 9, 2023, the Higher Regional Court (OLG) of Braunschweig held that the use of a third party’s trademark in keyword
...A share deal may be the best option for acquiring a business if the intention is to acquire the business as a whole as opposed
...APAS, the public body in Germany that provides regulatory oversight of auditors of annual accounts, has found that the auditors at EY who were tasked
...Change is coming to the world of patent law. June 1, 2023 will see the birth of the European patent with unitary effect – or
...A violation of the GDPR will only give rise to claims for compensation if damage has actually been suffered as a result. That was the
...Violations of the General Data Protection Regulation (GDPR) may lead to heavy fines. What’s more, those impacted by a violation can file claims for compensation.
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