Rent increase by property management: BGH clarifies requirements for valid representative action

The Rent Law Senate of the Federal Court of Justice [Bundesgerichtshof, BGH] has clarified the requirements to be fulfilled in case of rent increase demands made by the property management. Controversial to date has been whether the property management has to expressly disclose that it is acting for the lessor and whether it must name the lessor. read more >>>

Practical Law Private Client Guide - German Q&A

Axel Wenzel and Wolfram Vogel have published a Q&A guide to private client law in Germany.
The Q&A gives a high level overview of tax; tax residence; inheritance tax; wills and estate management; succession regimes; intestacy; trusts/foundations; co-ownership; familial relationships; minority and capacity.
The Q&A is part of the multi-jurisdictional guide to private client law by Practical Law (Thomson Reuters). read more >>>

Insurance & Reinsurance 2014

Dr. Peter Etzbach and Christoph Appel have written the German contribution to the comparative legal work “Insurance & Reinsurance 2014” of the International Comparative Legal Guide. The legal aspects of regulatory peculiarities as well as the processing of (re)insurance cases are explained through various questions. This is rounded off with a presentation of procedural peculiarities in insurance proceedings. read more >>>

W&I insurances give wings to M&A transactions

M&A transactions entail considerable risks. In this case, various models can be used to ensure that the damage is actually also paid in a warranty case. These models each have their own specific disadvantages. An alternative is an insurance concept that has already been tried and tested in England. read more >>>

Cartels: protection of leniency applicants at risk?

Authorities are jointly pursuing cartel sinners read more >>>

Meeting prior to every takeover

Does a general meeting now have to be convened upon every takeover bid? read more >>>

Unchartered territory for insurance groups

Commercial real property financing: The requirements of supervisory law read more >>>

Increasing fear of liability restricts willingness to take decisions

The work of managing directors and board members of small and medium-sized enterprises is becoming increasingly challenging. read more >>>

Preliminary proceedings are a private affair

Costs of a lawyer who represents a company’s own employees do not entitle enterprises to deduct input tax. This was decided by the European Court of Justice on Thursday. Corruption proceedings had been initiated against the proprietor of a construction firm and his authorised representative subsequent to a contract award. Whether this will be different in case of investigations which are also conducted against the enterprise itself remains open. read more >>>

Incoterms determine place of jurisdiction

The place of delivery agreed in an Incoterm can establish a place of jurisdiction, even if the parties had no intention of agreeing this. By paying attention to this at contract conclusion, parties can profit from this when enforcing claims and can avoid nasty surprises. read more >>>

Only symbolic effect

The Regional Court [Landgericht, LG] of Frankfurt declared the election of the supervisory board of Deutsche Bank last year to be null and void after the heirs of the media entrepreneur Leo Kirch filed a voidance action. read more >>>

Risk Management

Companies and their managements need complex financial products, but must have the ability to control them read more >>>

Compliant Data Protection

German and American businesses generally take the same systematic approach to compliance - but important differences remain. read more >>>

MERCOSUR – A market with possibilities and obstacles

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Disclosures and Information Obligations in Company Sales

System, Contractual Concepts and Liability Risks. By Jan Bir  read more >>>

Federal Constitutional Court: Legislator may pass tax laws with limited artificial retroactive effect

In a decision dated 10 October 2012 published on Friday, the Federal Constitutional Court [BVerfG] permitted the artificial retroactive effect of a tax law from the date after the adoption of the resolution by the Mediation Committee. Dr. Gunnar Knorr about the effects of the decision. read more >>>

Employee data protection – The eternal quest for compromise

The government coalition recently presented a new much discussed draft bill on Employee data protection. Dr. Jürgen Hartung outlines the new draft and its modifications. read more >>>

Relief for managers regarding liability vis-à-vis third parties

The Federal Court of Justice has now clearly limited the criminal liability against third parties and has facilitated the daily work of managers. read more >>>

EU focuses on ESOPs: employee participations are a longterm item on the European agenda

Employee participations are a longterm item on the European agenda. Jörn Kuhn about the ESOP model. read more >>>

Higher Regional Court of Frankfurt: Legal protection for German investors

German investors can often seek legal protection from German courts even if the defendant is located abroad and has no branch in Germany. A comment by Silvanne Helle. read more >>>

Organization of Distribution Systems: The Advantages of Franchise Systems

Franchise systems allow manufacturers to control the distribution of their goods without having to bear the brunt of operating their own vertically integrated distribution system. Commented by Dr. Maxim Kleine. Read more >>>

Federal Labour Court grants entrepreneurs more leeway

For resource-intensive enterprises a cooperation contract no longer necessarily raises the assumption of a transfer of business. read more >>>

Antitrust Bulletin

Private Enforcement in Europe: Pfleiderer and the Discoverability of Leniency Submissions in Private Antitrust Litigation. Read more >>>

Inspection of cartel files

The European Court (of First Instance) has confirmed that citizens and enterprises are fundamentally entitled to inspect cartel files. The extensive right to inspect files is still subject to criticism. Authorities fear that it will jeopardise the success of leniency programmes. Commented by Dr. Maxim Kleine. Read more >>>

Cooperation amongst investigators can be advantageous to cartel sinners

For some time now cartel sinners in Germany have not only been faced with high fines, the persons involved can also face up to five years in prison. The Federal Cartel Office and the public prosecutor’s department investigated jointly for the first time in the “rail track cartel”. read more >>>

Inspection of cartel files

The European Court (of First Instance) has confirmed that citizens and enterprises are fundamentally entitled to inspect cartel files. The extensive right to inspect files is still subject to criticism. Authorities fear that it will jeopardise the success of leniency programmes. read more >>>

Virtually limitless mobility

European Court of Justice recognises cross-border conversion/directive on relocation of corporate seat nevertheless not obsolete read more >>>

Step by step: European judges extend obligations regarding ad-hoc publicity

It is often difficult for listed companies to judge when they have to publish infor-mation of relevance to the company by way of ad-hoc notification. read more >>>

Energy contracting improves savings potential

The political and economic sectors have recognised that alternative energy sources can only be successful if energy efficiency can be significantly improved. One possibility is so-called energy contracting, which is a form of outsourcing. read more >>>

Architectural Art

Art can increasingly also be found as a (structural) element of the usage of buildings. read more >>>

Federal Finance Court on the real estate tax abatement

Property owners save only when rental income is halved. read more >>>

Federal Fiscal Court on “Treaty Overrides”

Is the legislator also obliged to observe double taxation agreements? read more >>>

Employees off into the cloud?

Personal data must be handled with particular care. The legislator has reacted and will most likely introduce new provisions to protect such data. Dr. Marc Hilber and Dr. Gilbert Wurth about the hefty debate. read more >>>

Social media: New opportunities, new risks, old regulations

Social media offer enterprises many new opportunities of communicating with stakeholders. But new legal risks are also associated therewith. Georg Lecheler about the hurdles in social media. read more >>>

VAG Amendment facilitates outsourcings at insurance companies

Continued strict regulation through data protection and confidentiality obligation. The reform of the German Insurance Supervision Act (VAG) could greatly facilitate the outsourcing of functions at insurance companies in future. read more >>>

Outsourcing with no exit?

Once the contract has expired there are various reasons why it can be difficult to change a provider or re-convert the services back into your own company operations again. Dr. Marc Hilber explains how to avoid the lock-in. read more >>>