News

In our blog, we inform about current topics in the field of law.

Imprint-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte
Imprint-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte
Imprint-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

Reporting Obligation for International Capital Transactions For many companies, international trade relations and cross-border transactions are routine. However, international trade also entails various reporting obligations.

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Decision of the Federal Constitutional Court of March 12, 2024, Case No. 1 BvR 605/24 Procedural equality of arms is a crucial cornerstone in court

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Ruling of the Hamburg Regional Court on Brownies with Less Sugar and Fat Brownies that are perfect for a diet? Such advertising claims are certainly

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Judgment of the Federal Fiscal Court on the Requirement of Intention to Bestow Benefits in Hidden Profit Distributions (vGA) – Case No.: I R 9/20

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Ruling by the Federal Finance Court on Tax Exemption Due to Personal Use, Ref: IX R 14/22 If the purchase and sale of a property

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Sales Platform Must Ensure Cancellation Option Anyone offering subscriptions, training sessions, and similar services online must also ensure that a cancellation button is available on

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Important Decision of the German Federal Court of Justice (BGH) on Custody Rights Custody rights often become a contentious issue for separated parents. The German

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Frankfurt Higher Regional Court: Separation does not require moving out of marital apartment The separation year precedes the divorce of a marriage. During this year,

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Judgment of the Higher Regional Court of Düsseldorf, Ref.: 20 U 56/23 Photos are meant to evoke a desire for vacation, and photo wallpapers in

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Legal support for investors in struggling investments There seemed to be no limits. The booming tech industry created a gold rush atmosphere among both startups

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Higher Court of Zweibrücken: No Higher Price Due to Increased Material Costs Rising construction costs and high interest rates have not made purchasing property any

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General Court: No Design Protection for Sneakers Already Known to the Public A social media post can have dire consequences, even for design protection. This

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Judgment of the Federal Constitutional Court of April 9, 2024, Case No.: 1 BvR 2017/21 The Federal Constitutional Court has strengthened the rights of biological

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Insolvency Application for d.i.i. 14 GmbH & Co. Closed Investment Limited Partnership The current difficult situation in the construction industry has already brought significant economic

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Criminal Legal Protection in D&O Insurance Managing directors carry a high risk and can also be personally liable. D&O insurance is intended to mitigate this

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Ruling of the BFH on Tax Disadvantages due to Jastrowsche Clause The Berliner Testament is popular among married couples because it is particularly suitable for

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Legal Options for Investors Concerning Greenwashing Sustainability has also made its way into the capital market, at least according to the wishes of investors. For

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Higher Regional Court of Oldenburg: Cash includes money in bank accounts Wills should always use clear terms to avoid ambiguity and ensure that the testator’s

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Companies Must Prepare for Liability Lawsuits In mid-March, the member states of the European Union agreed on the new EU Supply Chain Law. While the

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Judgment of the Potsdam Regional Court on Joint Liability and Guarantee in Loans Anyone who undertakes the guarantee for a loan or signs the loan

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Ruling of the Federal Labour Court – Case No. 6 AZR 333/21 In the context of termination agreements in employment law, the principle of fair

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Behind the stars must actually be customer ratings. Star ratings on the internet are common and can influence purchasing decisions. However, advertising a product with

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Ruling by the Federal Fiscal Court on the tax-free sale of real estate in an estate The sale of real estate belonging to an estate

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Undeclared work can become costly – get help from an experienced attorney The accusation of undeclared work should not be underestimated and can lead to

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The reporting obligation exists regardless of the size of the transaction. The Money Laundering Act (GwG) serves to combat money laundering, terrorist financing, and tax

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Observe legal regulations for transfers, cash, and luxury goods The monitoring pressure for asset transactions from abroad to Germany and vice versa has increased enormously

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Proper Payment of Social Security Contributions With the conclusion of an employment contract, employers and employees enter into rights and obligations. Among the primary obligations

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Legal advice on suspicion of money laundering and account freezing The shock is just as great for businesses as it is for private clients: they

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Insolvency of the pool company affects ProReal investors Once again, there’s bad news for investors of the ProReal Europa 9 and ProReal Europa 10 bonds.

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Heirs must tolerate external audit according to the verdict of the Hessian Finance Court Even if the owner of the business has already passed away

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Enforcement of foreign judgments in Germany A court judgment initially has effect within the borders of the state where the judgment was issued. However, in

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Higher Regional Court Zweibrücken: Only the cheated spouse may possibly invoke hardship Before a marriage can be dissolved, the couple must usually complete the separation

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Judgment of the OLG Frankfurt from December 15, 2023 – Case No. 17 U 66/22 If a final release decision for the transfer of shares

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Platform operators obligated to delete posts following the verdict of the Higher Regional Court (OLG) Frankfurt When illegal content is published via social media, platform

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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Entitlement of External Managing Director According to the Federal Vacation Act An external managing director of a GmbH (limited liability company) can be considered an

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Judgment of the Hessian Finance Court on the Taxation of a Severance Payment Tax laws can have a retroactive effect following a decision by the

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Violation of Competition Law – Judgment of the Higher Regional Court of Hamburg Many companies advertise with the note “known from…”. After a judgment of

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Landmark Judgment of the Federal Finance Court, Case No.: IX R 13/22 When an heir of a community of heirs buys out their shares and

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Additional Assessments Not Always Justified Unclear or incomplete accounting records can lead to additional assessments by the tax office following a tax audit, necessitating back

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Large payments to authorized signatories not tax exempt Payments made to employees amounting to 1.3 million euros, or even “just” 50,000 euros, do not constitute

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What it means for child support When parents separate or divorce, one of the more pressing issues is who their children should live with. While

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OLG München opines on vagueness of a will When it comes to wills, precise wording is a must. It ensures that the testator’s last will

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ProReal Deutschland 7 and 8 and ProReal Europa 9 and 10 affected January 15, 2024, is the date investors in “ProReal Europa 9 GmbH” and

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Businesses must carefully consider implications of European court’s ruling In a judgment delivered on December 7, 2023, the European Court of Justice (ECJ) held that

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Misleading claims fall foul of competition law Beer is not all fun and games. That was certainly the position of Munich’s regional court – the

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Court opines on the obligation to inform and the fraudulent concealment of material defects in connection with the sale of real estate (case no.: V

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Judgment of LG Frankfurt – case nos. 2-06 O 532/23 and 2-06 O 533/23 In a ruling from September 19, 2023, delivered in response to

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BGH: Removal effective as soon as ruling is final   When a shareholder is removed from a GmbH for cause, their removal takes effect from

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Wife under pressure when concluding the agreement   A prenuptial agreement is a sensible means of protecting one’s assets. But the terms of the agreement

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Delayed cancellation approval and faltering construction financing DSL Bank‘s technical problems are becoming more than a mere nuisance to its customers, with the bank coming

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Judgment of the Bundesarbeitsgericht from June 29, 2023 – case no.: 2 AZR 296/22   Video surveillance in the workplace is a common source of

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Ruling of OLG München – Ref.: 6 U 3908/22   Advertisements that promote zero-percent financing have the potential to mislead consumers and hence to fall

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Establishing an effective risk management system   From January 1 of next year, businesses with at least 1000 employees will also be among those affected

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Judgment of Finanzgericht Niedersachsen, case no.: 3 K 14/23 It is only the plot of land on which the family home sits that can be

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BFH: Landlord must demonstrate intent to make a profit Tax laws in Germany do not allow financial losses from a hobby to be offset against

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Next year’s “Düsseldorfer Tabelle” has been released. The latest guidelines, which become operative on January 1, 2024, recommend an increase in child maintenance claims. The

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KG Berlin: Place of jurisdiction is the location of the company’s registered office A business’s ordinary place of jurisdiction depends on the location of the

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Germany’s federal supreme court – the Bundesgerichtshof (BGH) – recently ruled on August 30, 2023, that it is possible for paternity to be acknowledged even

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Ghostwriters are no less than co-authors of the works they create and as such benefit from copyright protections. Case in point: a ruling of Cologne’s

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Investors’ claims for damages Munich’s district court – the Amtsgericht München – officially opened bankruptcy proceedings on October 30, 2023, against Euroboden GmbH, citing insolvency

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Maintenance and repair of commercial rental property Structural repair clauses – known as “Dach- und Fachklauseln” in German – are a frequent source of frustration

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Claims for damages in response to cross-border antitrust infringements EU law does not preclude the application of a national rule in cases concerned with anticompetitive

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A license analogy is one way of calculating claims for damages in response to trademark infringements. If a registered trademark is violated, those concerned can

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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

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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

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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,

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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

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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

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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

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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

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