Germany
November 14, 2024
Since our last update, significant developments have occurred in the German gambling landscape, further shaping the regulatory environment. While some progress has been made, many legal questions and regulatory challenges remain unresolved, particularly in the areas of licensing, enforcement, and cross-border operations.
|
Germany
November 14, 2024
Nothing ventured, nothing gained – entrepreneurial actions always entail certain risks. It is in the na-ture of things. However, it is the management’s responsibility to deal with risks appropriately and engage in risk management. This mainly also involves detecting, evaluating and limiting legal risks.
|
Germany
November 12, 2024
The German Federal Court of Justice (Bundesgerichtshof) has extended the liability of managing directors to damages that arise after they have left office.
|
Germany
November 11, 2024
In two decisions dated 17 September 2024 (case no. EnZR 57/23 and EnZR 58/23), the BGH recently ruled on the question of the balance sheet allocation in higher voltage levels in the event of an energy supplier default. On appeal by the plaintiff and the defendant, the BGH amended and revised the respective previous decisions of the Düsseldorf...
|
Germany
October 30, 2024
Taylor Wessing has received a 5-star rating in five legal areas in this year's JUVE Handbook and has improved its ratings in the areas of environmental and planning law, labour law: advice to companies and transport sector: financing. At the JUVE Awards 2024, which traditionally take place the day before the publication of the handbooks, Taylor...
|
Germany
October 15, 2024
Our webinar "Claiming the clock: Mastering patent entitlement limitation periods and their impact on contract design". Our experts Anja Lunze und Aurel-Damian Roscher will explain the recent decision of the German Federal Court of Justice on the statute of limitations of entitlement claims and what you should consider when drafting...
|
Germany
October 15, 2024
Wirecard, a German company providing electronic payment services, filed for bankruptcy in 2020, after it became known that one quarter of the company's total assets were missing from its accounts. Creditor claims amounting to 15.4 billion euros were registered in the bankruptcy including the claims of 50,000 shareholders, seeking damages for the...
|
Germany
October 7, 2024
The area known as “environmental criminal law” is becoming increasingly relevant, particularly in light of the current climate crisis. According to Interpol and the UN Environment Programme, environmental crime is the fourth most prevalent criminal activity worldwide, following drug trafficking, human trafficking, and counterfeiting offences.
|
Germany
September 27, 2024
On 2 August 2024, the Federal Ministry for Economic Affairs and Climate Action of the Federal Republic of Germany (BMWK), under the leadership of Robert Habeck, published an “options paper” with various proposals for a new “electricity market design of the future”. The paper is intended to serve as an initial basis for a discussion within the...
|
Germany
August 8, 2024
In a recent decision, the Federal Court of Justice (BGH) determined that the release from a surety obligation is generally not contestable if the debtor fulfils the principal debt secured by the surety.
|
Germany
December 3, 2023
Recently published research of the European Patent Office and the UK government as well as a German government agency’s policy paper confirm the role of IP for start-up success, particularly for academic spin-offs.
|
Germany
November 21, 2023
The newly passed Future Financing Act (Zukunftsfinanzierungsgesetz) in Germany significantly expands the scope of Section 19a EStG, enhancing employee equity participation by extending tax deferral benefits and eligibility criteria for companies.
|
Germany
October 31, 2023
The Federal Court of Justice has ruled the following: Sellers of real estate must inform buyers about potential costs for upcoming maintenance works without being asked - regardless of the buyer’s possibility to inspect the respective documents uploaded in a (virtual) data room.
|
Germany
October 26, 2023
Artificially intelligent medical software, vital for diagnostics and treatment, faces certification challenges with dynamic AI, which continuously learns, being generally uncertifiable. This situation underlines the need for updated regulations to support AI's evolving role in healthcare.
|
Germany
October 11, 2023
In its ruling of December 15, 2022, the Regional Court of Hamburg prohibited a statutory health insurance company from providing doctors with information that incorrectly advertised the cost-effectiveness of a therapeutic allergen.
|
Germany
October 11, 2023
The use of ChatGPT in HR departments for tasks like creating job ads, application responses, and legal assessments brings efficiency, but it also raises legal concerns due to the absence of specific legal frameworks, highlighting the need to be aware of potential pitfalls to avoid costly errors.
|
Germany
October 10, 2023
In mid-April, the draft bill on the Future Financing Act was presented (we had already reported on this). In the meantime, the government draft of the Future Financing Act has been published. The most important key points and changes at a glance.
|
Germany
October 8, 2023
European Securities Markets Authority's new guidelines call for more comprehensive and transparent sustainability disclosures in securities prospectuses, focusing on detailed ESG reporting and reduced reliance on disclaimers in sustainability-linked bonds and securities.
|
Germany
September 26, 2023
The Green Claims Directive (GCD) will enforce stricter standards for environmental advertising claims for medical devices, emphasizing verification and transparency to prevent greenwashing, with implications for marketing practices and legal compliance.
|
Germany
September 26, 2023
The German Federal Ministry of Health's draft for the Cannabis Law proposes to reclassify medical cannabis, removing it from the Narcotics Act to simplify its dispensing and accessibility for patients, while maintaining stringent control and safety standards.
|
Germany
September 3, 2023
A job reference letter in Germany, typically provided upon termination, plays a crucial role in settlement negotiations during dismissal protection cases. Its unique format and language stem from outdated German laws. Here are 10 common pitfalls foreign companies should be aware of.
|
Germany
August 29, 2023
The European Commission's new EU Battery Regulation (Regulation (EU) 2023/1542, "EU-Batt-R") emphasizes the strategic importance of battery development and manufacturing. The European Battery Alliance estimates the 2025 market volume at EUR 250 billion.
|
Germany
July 30, 2023
Handling employment matters in Germany can be complex for North American in-house counsels. From contracts and onboarding to global policies and German employment litigation, understanding these unique aspects is essential.
|
Germany
July 23, 2023
In response to Russia's actions in Ukraine, the EU approved sanctions limiting capital market access, targeting individuals and companies, and capping Russian oil prices. Violations result in heavy penalties.
|
Germany
May 21, 2023
The Supply Chain Due Diligence Act (SCDDA) has been in force since January 1, 2023, requiring companies to continually update their compliance, procurement, and contract drafting processes to meet evolving due diligence obligations and monitor changing risks.
|
Germany
May 11, 2023
The German Whistleblower Protection Act (HinSchG) is now in effect, requiring companies with 249+ employees to establish a whistleblower system by June 2023 or face fines and potential legal issues. This also applies to companies with at least 50 employees starting December 17, 2023.
|
Germany
April 2, 2023
The German Transparency Register and Financial Information Act (TraFinG) of 1 August 2021 obliges almost all companies to provide information on their Ultimate Beneficial Owners (UBOs (“wirtschaftlich Berechtigter”, UBO) to the Transparency Register for registration.
|
Germany
January 10, 2023
The Regional Court of Munich ruled that shareholders' damages claims for breach of capital markets law rank as equity and not as general unsecured claims in the Wirecard insolvency. Read the result,
|
Germany
December 20, 2022
All business models involving tech are inconceivable without services from American companies. Data transfers to these companies can hardly be avoided. However, many transfers involve personal data, so European data protection law must be observed.
|
Germany
December 19, 2022
In response to the increasing importance of sustainability and ESG, several companies are considering which departments should be responsible for these issues.
|
Germany
December 14, 2022
Anyone who has wanted to buy the Meta Quest 2 in Germany has had to get creative, with German consumers having to purchase these headsets via third-party providers or online from other European countries. Is Germany not a relevant market for Meta, or is it more than that? Taylor Wessing uses competition law to get to the bottom of the issue.
|
Germany
December 8, 2022
In a recent decision, the Federal Supreme Court had the opportunity to provide further guidance regarding the obligation of UK claimants to provide security for costs in German proceedings.
|
Germany
December 7, 2022
Taylor Wessing covers six things to watch out for during 2023 in pharma and biotech patent litigation.
|
Germany
December 6, 2022
On October 18, 2022, the Federal Ministry for Economic Affairs and Climate Action presented a draft bill for an Energy Efficiency Act, which provides considerable efficiency requirements for data centers.
|
Germany
December 5, 2022
Cannabis legalization is coming, at least that's what the German government consisting of Social Democrats, the Liberal Party, and the Greens is proclaiming.
|
Germany
December 5, 2022
Due to new legal obligations and the expectations of business partners, companies will soon have to prepare and publish their own sustainability reports.
|
Germany
November 28, 2022
The Digital Services Act was finally adopted on October 19, 2022, and published on October 27, 2022. The following provides an overview of this vital piece of European legislation.
|
Germany
October 4, 2021
The German Act on the Stabilisation and Restructuring Framework for Business came into force on 1 January 2021.It provides the first pre-insolvency restructuring framework for the reorganisation of companies facing "imminent illiquidity" and the possibility of involving dissenting creditors.
|
Germany
September 27, 2021
Several new registers have been created in the current year. The following sets out an overview of which registers should be consulted as part of the due diligence process for tech deals:
|
Germany
April 11, 2021
The German Federal Court of Justice (BGH) has ruled that a limited partner is not liable for debts incumbent on the insolvency estate incurred by an administrator in insolvency proceedings.
|
Germany
March 8, 2021
On January 1, 2021, the German Law for the Further Development of the Restructuring and Insolvency Laws (SanInsFoG) came into force. Crucially, this contains a stabilization and restructuring framework for businesses.
|
Germany
March 8, 2021
In 2013, a global effort to reform interest rate benchmarks was launched to render these benchmarks less prone to manipulation and to make them more representative of the wider market conditions.
|
Germany
March 4, 2021
Hiring a contractor is often an the first option for foreign clients to start business in Germany without own employees. But this brings some significant risks when it is done not properly.
|
