Parental Maintenance – BGH Ruling on Exemptions

Decision of the Federal Court of Justice (BGH) of October 23, 2024 – Case No. XII ZB 6/24   At what income levels are children obliged to provide financial support to their parents, and what is their minimum exemption? After the Higher Regional Court (OLG) Düsseldorf ruled on December 4, 2023 (Case No.: 3 UF […]

Violation of Data Protection – €900,000 Fine

Violation of Obligations to Delete Personal Data   Violations of data protection laws or the General Data Protection Regulation (GDPR) can result in significant fines. For instance, the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) imposed a fine of €900,000 on a company in the debt management sector for failing to delete […]

Trademark Infringement Through Customer Reviews

KG Berlin on Unlawful Customer Reviews – Ruling of July 10, 2024 – Case No. 5 U 92/22   Customer reviews in an online shop can also violate existing trademark rights. The Berlin Higher Regional Court (KG Berlin) emphasized this in its ruling of July 10, 2024 (Case No.: 5 U 92/22), holding the online […]

Misleading Advertising in the Skilled Trades

Violation of Competition Law Due to Lack of Registration in the Crafts Register   Advertising for regulated skilled trade services is only permissible if the advertising company is registered in the crafts register. If no registration exists, such advertising violates competition law and the Crafts Code. This was clarified by the Stuttgart Higher Regional Court […]

Copyright Protection for Works of Applied Art

ECJ Strengthens Copyright Protection – Judgment of October 24, 2024 – C-227/23   The European Court of Justice (ECJ) has reinforced copyright protection for works originating from countries outside the European Union. In its judgment of October 24, 2024, the ECJ clarified that works from third countries enjoy the same copyright protection as those from […]

Commercial Lease Agreement – Text Form Suffices

Fourth Bureaucracy Reduction Act Took Effect on January 1, 2025   On January 1, 2025, the Fourth Bureaucracy Reduction Act (BEG IV) came into force, bringing significant changes to commercial leasing law. For commercial leases, the requirement for written form has been abolished; simple text form is now sufficient. This marks a significant simplification, as […]

Degag Profit Rights – Payments Suspended

Degag Group Suspends Interest and Repayment to Investors The Degag real estate group has raised approximately €275 million from investors through profit participation rights. Now, the roughly 4,700 investors fear for their invested funds. As announced by Deutsche Grundbesitz Holding AG (Degag) in mid-December, the company has suspended interest and repayment obligations to investors. Degag […]

Inheritance Tax and Waiver of Rights

Judgment of the Federal Fiscal Court on July 31, 2024 – Case No. II R 13/22   When it comes to inheritance tax, utilizing tax exemptions is crucial. However, if a father effectively waives his inheritance rights vis-à-vis his parents, this does not entitle his son – the grandchild of the testator – to claim […]

Procedural Error in Excluding a Partner

Proper Invitation to Shareholders’ Meeting is Essential – BGH II ZR 10/23   A recent decision by the Federal Court of Justice (BGH) underscores that a proper invitation to a shareholders’ meeting is not merely a formality but carries significant legal implications. On July 16, 2024, the BGH ruled that decisions made during a shareholders’ […]

Corporate Insolvencies Surge in 2024

Options for Corporate Restructuring   The number of corporate insolvencies in Germany rose sharply in 2024. Experts predict that the situation will not ease in 2025, with insolvency filings remaining at high levels. According to media reports, the credit rating agency Creditreform anticipates that around 22,400 companies in Germany will have filed for insolvency by […]

Düsseldorf Table 2025 Comes Into Effect

Moderate Increase in Child Support   On January 1, 2025, the Düsseldorf Table 2025 will come into effect. While the maintenance entitlements for minor children have only slightly increased, there has been a significant rise for university students living away from their parents. Their needs-based rate will increase from €930 to €990 per month in […]

AMLA – Combating Money Laundering

EU Tightens Measures Against Money Laundering and Terrorist Financing   The European Union continues to fight money laundering with the establishment of a new instrument. The Anti-Money Laundering Authority (AMLA) is a newly created European agency dedicated to combating money laundering and terrorist financing. AMLA was officially established in June 2024 and is headquartered in […]

Testability Despite Dementia

Ruling of the LG Frankenthal on Testamentary Capacity in Cases of Dementia – Ref. 8 O 97/24   Life expectancy is increasing. However, this development has its downsides, as more and more people are diagnosed with dementia. Nevertheless, a diagnosis of dementia does not automatically equate to a lack of testamentary capacity. The Regional Court […]

Save on Prepayment Penalties

Sparkasse Loses Claim for Compensation After OLG Stuttgart Ruling   Due to insufficient clarification about the calculation of prepayment penalties for the early repayment of a loan, two borrowers are not required to pay a prepayment penalty and will receive their payment back from the Sparkasse. This was decided by the Higher Regional Court (OLG) […]

Vacation and the Expiration of Entitlement

Employers’ Duty to Inform and Assist   At the end of the year, employees often wonder what will happen to their remaining vacation days if they cannot take them within the calendar year. The good news for employees is that unused vacation does not simply expire. According to the European Court of Justice (ECJ) and […]

Futures Transactions Without Offset Restrictions

Losses can be fully offset against profits   As the year comes to a close, there is good news for investors: Losses from futures transactions can once again be fully offset. The controversial tax regulation that limited losses from highly speculative futures transactions to be offset only against gains from similar transactions, and only up […]

Origin Labeling for Melons and Tomatoes

ECJ on Geographical Indication of Origin – Case No. C-399/22   Consumers must not be misled regarding the geographical origin of a product. Consequently, melons and tomatoes originating from Western Sahara must not be labeled as agricultural products from Morocco. Such labeling is deceptive and constitutes a violation of competition law, the European Court of […]

Self-Disclosure in Tax Law

Voluntary Disclosure of Tax Evasion Can Protect Against Severe Penalties   Tax evasion is consistently penalized. Anyone who fails to report taxable income to the tax authorities faces sanctions, which may include fines or even imprisonment. However, those who wish to avoid such consequences can still file a voluntary disclosure of tax evasion to achieve […]

Urgent Protection Despite Arbitration

Decision of the Higher Regional Court (OLG) Zweibrücken, October 1, 2024 – Case No.: 4 U 74/24   An ongoing arbitration proceeding does not preclude a state court from deciding in urgent legal protection matters. This was clarified by the Higher Regional Court (OLG) Zweibrücken in its decision dated October 1, 2024 (Case No.: 4 […]

General Court Confirms Toy Figure Trademark

Application for Nullity of a 3D Trademark Rejected – Case No. T-298/22   The shape of the figures of a well-known toy manufacturer remains protected under trademark law following a decision by the General Court of the European Union (GC) on December 6, 2023 (Case No.: T-298/22). In its judgment, the GC dismissed a competitor’s […]