Phishing – Savings Bank Must Compensate for Damages
Account Holder Receives €42,000 Back – Ruling of the Karlsruhe Regional Court, Case No.: 2 O 312/22 Fraud damages in online banking have been on the rise for years. Despite all precautions and security measures, cybercriminals continually succeed in obtaining their victims’ sensitive banking data to drain their accounts. As reported by Handelsblatt online […]
7×7 Group of Companies Insolvent
Investors’ Money at Risk After Insolvency What had been anticipated is now a reality: the 7×7 Group of Companies is insolvent and will file for insolvency. This was communicated to investors in a letter from the board dated October 14, 2024. For investors who have invested in various capital assets of the 7×7 Group, […]
Immediate Dismissal of a Board Member
Ruling of the Munich Higher Regional Court on July 31, 2024, Case No.: 7 U 351/23 e The forwarding of company-related emails to a personal email address can justify the immediate dismissal of board members. This was decided by the Munich Higher Regional Court in a ruling on July 31, 2024 (Case No.: 7 […]
Claim for Equal Pay
Judgments of the Higher Labor Court of Baden-Württemberg – Case Nos.: 4 Sa 26/23 and 2 Sa 14/24 Equal pay, meaning the same compensation for women and men doing the same work, remains a persistent issue in the workplace. The Higher Labor Court of Baden-Württemberg has strengthened the claim for equal pay for equal […]
Voluntary Disclosure in Money Laundering
Voluntary Disclosure Can Provide Immunity from Prosecution The accusation of money laundering should not be underestimated, as severe financial penalties or prison sentences can be imposed. A timely and complete voluntary disclosure can help avoid punishment. In cases of money laundering, offenders face fines or imprisonment of up to five years. In particularly severe […]
EU Product Safety Regulation Comes into Effect
New Requirements for Product Safety under GPSR The new EU Product Safety Regulation, abbreviated as GPSR, will replace the previous Product Safety Directive from 2001 as of December 13, 2024, and will apply across the entire European Union. With the new EU directive on product safety (Regulation 2023/988), the aim is to address new […]
Best Price Ads: Clear and Unambiguous
Strict Guidelines for Discount Price Advertising – OLG Nuremberg Case No.: 3 U 460/24 UWG When advertising with price reductions, the reference price must be clearly recognizable to the consumer. If this is not the case, the advertisement can be misleading and a violation of competition law. This was decided by the OLG Nuremberg […]
BFH: Loss Offset in Derivative Transactions
Doubts About the Constitutionality of Loss Offset Limitation The Federal Fiscal Court (BFH) has expressed concerns that the restrictions on loss offsetting in derivative transactions under § 20 (6) sentence 5, as amended by the Annual Tax Act 2020, may be unconstitutional. This was made clear by the BFH in its decision of June […]
Tax Audit for Limited Tax Liable Persons
Ruling of the Federal Fiscal Court (BFH) on December 20, 2023, Ref.: I R 21/21 A tax audit for persons with limited tax liability can only be ordered by the tax office and not by the Federal Central Tax Office (BZSt). This was clarified by the Federal Fiscal Court (BFH) in its ruling on […]
Gift Tax for Family Foundations
Ruling of the Federal Fiscal Court (BFH) of February 28, 2024, File No.: II R 25/21 Family wealth should ideally be passed on to the next generation or generations with minimal tax burdens. Establishing a family foundation can be helpful in protecting assets. However, a recent ruling by the Federal Fiscal Court (BFH) on […]
Possibility of Online Lawsuits
Federal Ministry of Justice Presents Draft Law Digitalization is also set to become more prevalent in German courts. To this end, on September 4, 2024, the Federal Ministry of Justice presented a draft for the “Law on the Development and Testing of an Online Procedure in Civil Jurisdiction.” Behind this cumbersome term lies, simply […]
Grandparents’ Right of Contact
Decision of the Higher Regional Court of Brandenburg, Case No.: 9 UF 204/23 Even if parents are separated, family law generally assumes that it is beneficial for the child to have regular contact with both parents. Grandparents also often place great importance on regular contact with their grandchildren. However, the extent to which grandparents […]
Exclusion from Pension Equalization
Decision of the Berlin Higher Regional Court (KG Berlin) dated March 7, 2024, Case No. 16 UF 112/23 When a marriage fails and a divorce is granted, the family court automatically carries out the pension equalization process. In this process, the pension rights accrued by both spouses are usually divided equally between them. However, […]
Invalid Clause in Software License Agreements
Clauses in General Terms and Conditions (GTC) Must Be Clear and Understandable General Terms and Conditions (GTC) play an important role in structuring software license agreements. They must be clear and transparent. If they are not, the affected clauses may be invalid, as demonstrated by a ruling of the Higher Regional Court of Cologne (OLG […]
Nullity of Real Estate Purchase Agreement
Formal Deficiency of an Advance Payment Agreement and Nullity of the Purchase Contract – Federal Court of Justice (BGH), V ZR 8/23 A formal deficiency in an advance payment agreement does not necessarily result in the entire real estate purchase contract being void. If the buyer can prove a payment made in advance towards […]
BGH on Post-Contractual Non-Compete Clauses
Judgment of the BGH dated 23.04.2024 – Case No. II ZR 99/22 A post-contractual non-compete clause for managing directors of a GmbH (German limited liability company) can remain valid even if a violation results in the retroactive forfeiture of the non-compete compensation. This was ruled by the Federal Court of Justice (BGH) on April 23, […]
BGH on Photomurals and Copyright
Judgments of the BGH of September 11, 2024 – Case No.: I ZR 139/23 / I ZR 140/23 / I ZR 141/23 Photomurals and copyright issues have long occupied the courts. The Federal Court of Justice (BGH) has now clarified, with rulings from September 11, 2024, that the depiction of a photomural on the internet […]
Opportunities in Insolvency
Filing for Insolvency and Restructuring Options For various reasons, many companies in Germany face economic difficulties. Management must look for suitable solutions to overcome the crisis. In this context, potential insolvency must always be considered, along with the question of when the insolvency application must be filed at the latest. If the application is […]
BGH: AI Cannot Be an Inventor
Influence of Artificial Intelligence in Patent Law – BGH, Ref. No. X ZB 5/22 The use of artificial intelligence – AI for short – is a hot topic. This also brings up legal issues. The German Federal Court of Justice (BGH) has now made an important decision regarding patent law. In its ruling of […]
Inheritance Cases with International Connections
Cross-Border Inheritance and the EU Succession Regulation An increasing number of inheritance cases have an international dimension, for example, when the deceased has German citizenship but has relocated to Spain after retirement. Such situations can affect inheritance law, which varies between EU countries. In cases involving foreign elements, the question arises: which inheritance law […]
