Choice of forum for claims brought against businesses
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 company’s registered office. That was the verdict of Berlin’s court of appeals – the Kammergericht (KG) Berlin – in a ruling from June 17, 2022 (case ref.: 2 AR 23/22). […]
Possible to acknowledge paternity even after death of the mother
Germany’s federal supreme court – the Bundesgerichtshof (BGH) – recently ruled on August 30, 2023, that it is possible for paternity to be acknowledged even if the child’s mother has already passed away (case ref.: XII ZB 48/23). Under these circumstances, her consent is no longer required. In cases involving married couples, German family law […]
Cologne court strengthens position of ghostwriters under copyright law – Claims for damages under IP law
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 regional court – the Landgericht (LG) Köln – from July 13, 2023 (case ref..: 14 O 237/22). Intellectual property needs to be consistently protected. This includes enforcing copyright protections for […]
Euroboden GmbH bankrupt
Investors’ claims for damages Munich’s district court – the Amtsgericht München – officially opened bankruptcy proceedings on October 30, 2023, against Euroboden GmbH, citing insolvency and over-indebtedness (case ref.: 1509 IN 2357/23). Investors who are concerned about the prospect of financial losses can turn to an experienced capital markets lawyer. The current crisis plaguing the […]
Structural repair clauses in commercial tenancy agreements
Maintenance and repair of commercial rental property Structural repair clauses – known as “Dach- und Fachklauseln” in German – are a frequent source of frustration in commercial tenancy law. A lawyer specializing in real estate law can be your advocate should legal disputes arise. Who is responsible for maintaining a rental property? This question, which […]
ECJ declares member state’s domestic legislation compatible with EU law in antitrust case
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 practices. That was the verdict of the European Court of Justice (ECJ) in a ruling from February 16, 2023 (case ref.: C-312/21). Where claims for damages aimed at addressing antitrust […]
Calculating damages for trademark infringements based on the license analogy principle
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 turn to an IP lawyer for advice and assistance in enforcing and fending off claims. Fortunately, the protection of intellectual and industrial property is one of commercial law firm MTR […]
Summary dismissal for fraudulently recording working hours
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 of the hours they have worked. Where there is good cause justifying this course of action, employment law also provides for the possibility of summary dismissal, usually without notice. To […]
Act to modernize German partnership law set to enter into force on January 1
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 with. These substantial revisions to German company law will come into effect when the Act to Modernize the Law on Partnerships – in German, the Personengesellschaftsrechtsmodernisierungsgesetz (or MoPeG, for […]
Compelling reasons justifying exemption of family home from estate tax
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, inheritance laws allow for exceptions if there are overriding circumstances that justify this outcome. Generally speaking, it is necessary for certain conditions to be fulfilled in order for the family […]
Liability and risks associated with shareholder suretyships
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 practices banking law before providing a suretyship. When it comes to corporations, the shareholders generally bear no personal liability. This can change, however, if the company requires funds and the […]
Liability of de facto managing directors
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 out a lawyer with expertise in corporate crime. Managing directors of a GmbH must take responsibility for failing to comply with their obligations and be answerable to the company, tax […]
Choosing the best legal form when starting or restructuring a company
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 pros and cons of different legal forms. It is essential that companies adopt the most suitable legal structure for their business. The significance of this decision when establishing or restructuring […]
Dissolution of Verius real estate fund
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 significant financial losses and are advised to consult an attorney specializing in capital markets law. According to a report by German business newspaper Handelsblatt from October 17, 2023, the real […]
Joint medical practice in antitrust case allowed to refer to itself as a “center”
Frankfurt’s higher regional court – the Oberlandesgericht (OLG) Frankfurt – has ruled that the use of the term “center” in connection with a medical practice staffed by only two doctors is not misleading to consumers and does not infringe competition law. Violations of competition law can potentially give rise to formal warnings and claims for […]
BFH: Gift Tax on Real Estate
Tax law stipulates that property values must be assessed separately for gift tax purposes. This is also evident from a ruling by the Federal Fiscal Court on July 26, 2023 (Ref.: II R 35/21). For gifts, tax law provides tax exemptions for close relatives. For spouses and life partners, the exemption is currently 500,000 Euros, […]
Divorces involving the sale of the matrimonial home
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 many pitfalls that might otherwise go unnoticed. One common pitfall is the property (previously) inhabited by the married couple. The prospect of divorce raises the question of how the matrimonial […]
German future financing legislation to make corporate financing easier
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 the legislation will have implications for capital markets law. The bill – whose full name in German is the “Gesetzentwurf zur Finanzierung zukunftssichernder Investitionen” – has already been approved by […]
Drafting IT contracts
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 law can guide you through the regulatory framework. Businesses today can no longer afford to neglect modern information technology, even though advances in this area give rise to complex legal […]
Luxury perfume sold at discount store and the choice of selective distribution systems
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 bargain bin than an experienced IP lawyer. The protection of intellectual property is of fundamental importance to businesses. A lawyer who is well-versed in IP law can ensure that immaterial […]
