Definition and origins of ‘Cross’
The term ‘Cross’ is used in legal language and various areas of law, often in the context of international or interdisciplinary exchange. It is predominantly a term borrowed from English that can have different meanings depending on the specific context. Etymologically, ‘Cross’ derives from the English word for ‘Kreuz’ (cross) or ‘kreuzen’ (to cross) and has appeared with increasing frequency in German legal texts since the 1990s, especially in the context of commerce, trade, trademark law, taxes, and the financial services sector.
Uses and legal applications of ‘Cross’
Cross in international law and business law
Cross-border issues
In commercial and tax law, ‘Cross’ is primarily used in the term ‘Cross-Border.’ This term refers to legally relevant matters that occur across national borders, for example, as ‘Cross-Border Transactions,’ ‘Cross-Border Mergers’ (mergers across national borders), or ‘Cross-Border Leasing’ (cross-border leasing deals).
Legal challenges in cross-border matters
- Applicable law: Determining the applicable substantive law, for example, according to the principles of the Rome Regulation (EU) or international treaties.
- Jurisdiction: The question of which court has jurisdiction can be of significant importance in both civil and tax law.
- Tax treatment: Cross-border investments or business transactions can give rise to double taxation problems, which are intended to be avoided through double taxation agreements or special rules such as the OECD’s anti-avoidance rules.
Cross-Licensing in intellectual property law
In trademark and patent law, ‘Cross’ refers primarily in the context of cross-licensing to the mutual granting of rights of use between several parties for intellectual property rights. This approach enables companies, for example, to license patents to each other in order to ensure the use of innovative technologies without legal disputes.
Legal specifics of cross-licensing
- Contract design: The necessity of clear contractual provisions regarding the scope, territory, duration, and remuneration of licensing rights.
- Antitrust requirements: Cross-licensing may fall under the prohibition of anti-competitive agreements pursuant to Art. 101 TFEU (Treaty on the Functioning of the European Union).
- Protection of know-how: Trade secrets and technical intellectual property rights must also be considered within the licensing agreement.
Cross in tax law
Cross-Border Taxation
In tax law, the term is particularly relevant for cross-border taxation. Here, the regulations deal with the attribution and avoidance of double taxation, especially through double taxation treaties between states.
Problems and regulatory mechanisms
- Double taxation: Can arise due to the multitude of potentially involved tax jurisdictions.
- Exchange of information: Cooperation between tax authorities is regulated by international agreements, such as the Multilateral Convention on Mutual Administrative Assistance in Tax Matters (OECD).
- Transfer pricing: The determination of arm’s length transfer prices for transactions between affiliated companies across national borders is a central element of cross-border taxation.
Cross in banking and finance law
Cross Default and Cross Collateralization
In the context of loan agreements and financing structures, ‘Cross’ is commonly used as part of technical terms such as ‘Cross Default’ or ‘Cross Collateralization.’
Cross Default
This is a contractual clause whereby the default or non-performance of a third-party contract serves as a trigger for existing contractual relationships as well. Conversely, the occurrence of an event (e.g., payment default) in a loan relationship can trigger the maturity of all related obligations.
Cross Collateralization
This arrangement provides that collateral does not secure only individual claims, but rather a collection of obligations within a lender-borrower relationship. Structuring cross collateralization in a legally sound manner is essential, for example, to avoid inadmissibly impairing the rights of subordinated creditors and to meet insolvency law requirements.
Cross in civil procedure law
Cross Examination
In Anglo-American civil procedure law, the term ‘Cross Examination’ has become established as the term for the questioning of a party or witness by the opposing side. This instrument does not have an exact equivalent in German law, but is increasingly discussed in the context of arbitration proceedings or international evidence-taking under the Code of Civil Procedure (ZPO).
Summary of the legal significance of Cross
‘Cross’ is a collective term for numerous legally relevant matters, each of which may be subject to special regulations in their particular form. The issue of interfaces, for instance in cross-border tax matters, intellectual property protection, or in structuring financing and security arrangements, requires regular legal adaptation and review. Increasing internationalization means that ‘cross’ topics are growing in importance and address a variety of substantive and procedural regulations.
Literature and further regulations
- Rome Regulations (EU)
- OECD guidelines on double taxation and transfer pricing
- Commercial Code (HGB), especially international matters
- Civil Code (BGB), especially regulations on contracts in international contexts
- Treaty on the Functioning of the European Union (TFEU)
- Trademark Act (MarkenG) and Patent Act (PatG) with international references
The term ‘Cross’ in the context of legal issues refers to a multifaceted cross-sectional topic, the handling of which always requires careful consideration of the relevant international, European, and national legal regulations.
Frequently Asked Questions
What legal regulations must be observed when organizing a cross-country race event?
When organizing a cross-country running event, a variety of legal requirements must be met to minimize liability risks and ensure a smooth process. First and foremost, obtaining the necessary permits is indispensable. This particularly concerns permission to use public or private land, which often must be requested from municipalities, forestry offices, or private property owners. In addition, the provisions of the Federal Nature Conservation Act and state-specific environmental regulations must be taken into account, since many cross-country routes pass through protected landscapes. In terms of traffic safety obligations, the organizer must ensure that all course sections are safe for participants—this includes, among other things, careful inspection and, where necessary, securing of hazardous areas such as unpaved paths, steep slopes, or stream crossings. An organizer’s liability insurance policy covering potential claims for personal injury or property damage must also be taken out. In registering and processing participants’ personal data, the regulations of the General Data Protection Regulation (GDPR) must be strictly observed. If applicable, the Youth Protection Act and specific statutes of relevant sports federations, especially concerning anti-doping and age group classifications, must also be observed.
How is the organizer’s liability regulated in the event of accidents during a cross-country race?
The organizer of a cross-country race is subject to a so-called traffic safety obligation, meaning that they must take all reasonable measures to minimize dangers for participants and spectators. If an accident nevertheless occurs, the question of liability arises. Under German law, the organizer is generally liable for damages resulting from the breach of these safety obligations (§ 823 BGB). However, the typical risks of a cross-country race—such as tripping or slipping—should not be confused with negligent conduct by the organizer; by registering, participants generally accept the sport-specific risks (‘assumption of risk,’ § 242 BGB). Serious failures, such as insufficient course security or lack of first aid facilities, can, however, lead to full liability. In this context, a liability waiver clause in the participation terms can limit the organizer’s liability, provided this is legally permissible and does not concern gross negligence or intent (§ 309 No. 7 BGB). It is also important that the organizer has the obligation to inform participants about potential risks and communicate them transparently.
What data protection requirements apply to registration for a cross-country race?
Registering for a cross-country race generally requires the collection, processing, and storage of participants’ personal data, such as names, dates of birth, or contact details. According to the General Data Protection Regulation (GDPR), the organizer, as the ‘controller,’ is obliged to observe all data protection principles. Data may only be collected to the necessary extent and for a clearly defined purpose (purpose limitation principle pursuant to Article 5(1)(b) GDPR). Participants must be comprehensively informed during registration about the data processing (type, scope, purpose and duration) and their rights—especially the rights of access, rectification, erasure, and objection (transparency and information obligations, Art. 13 GDPR). Any data transfers, for example to timekeeping companies or sponsors, must also be disclosed and, if in doubt, require explicit consent. Technical and organizational measures must protect the data accordingly (Art. 32 GDPR). After the event, the data must be deleted immediately unless statutory retention obligations or legitimate interests prevent this.
What legal requirements apply for the protection of children and adolescents at cross-country events?
When conducting cross-country events in which minors participate, special youth protection regulations must be observed. The starting point is the Youth Protection Act (JuSchG), which includes requirements regarding the presence and supervision of minors at public events (§§ 1 ff. JuSchG). It must be ensured that parents or responsible adults authorized by them accompany or supervise the minors if the nature of the event requires it. Sports-specific regulations from the relevant regional sports associations (e.g., German Athletics Federation) also govern age limits, admission requirements, and special medical demands to exclude health risks. The organizer must safeguard the well-being of minors, for instance through sufficient supervision, care, and security measures and, if necessary, by obtaining consent from guardians. Special attention is required with respect to advertising and prize-giving regulations to comply with rules on youth protection (especially bans and restrictions on advertising).
What must be considered legally when conducting medical checks (e.g., doping tests)?
Cross-events which take place as part of federation competitions are subject to the anti-doping regulations of the relevant sports federations (in Germany: NADA, WADA). The implementation of doping tests requires a legal basis, which is regularly provided by the participation conditions (contractual relationship between organizer and athlete). Effective consent from participants to the carrying out, evaluation, and storage of test results is required in order to justify encroachments on personal rights (§ 22 KunstUrhG, Art. 6(1)(a) GDPR). For minors, the consent of legal guardians is also required. The selection of testing personnel, the execution of tests, and further processing of results are subject to strict confidentiality and data protection requirements. If regulations are violated, legal consequences such as disqualification, suspensions, or claims for damages may result. The organizer is obliged to clearly inform participants about these regulations and their consequences.
