No Incapacity to Make a Will Due to Depression
Decision of the Brandenburg Higher Regional Court (OLG) from March 19, 2024, Ref.: 3 W 28/24 Depression and alcoholism do not automatically lead to incapacity to make a will. The Brandenburg Higher Regional Court made this clear in its decision of March 19, 2024 (Ref.: 3 W 28/24). Severe mental illnesses can result in the […]
Processing Fee for Business Loans
Bank Must Refund Processing Fee After Berlin Court Ruling An Immobiliengesellschaft (real estate company) paid around €39,000 in processing fees to a bank for taking out a loan. According to a decision by the Berlin Court of Appeal (Kammergericht Berlin) on October 30, 2023, the bank must refund the processing fee because the payment of […]
Warning Letter Must Be Specific
Judgment of the Düsseldorf Labor Court on the Effectiveness of a Warning Letter In labor law, the warning letter is an important instrument to remind the employee of their contractual duties. Additionally, it can often be a prerequisite for termination. For a warning letter to be effective, it must meet certain conditions. This includes, among […]
Self-Report for Breach of AWV Reporting Obligation
Reporting Obligation for International Capital Transactions For many companies, international trade relations and cross-border transactions are routine. However, international trade also entails various reporting obligations. Violations of these obligations can result in substantial fines. One way to address such violations is by submitting a self-report in accordance with the Foreign Trade and Payments Regulation (AWV). […]
BVerfG on Procedural Equality of Arms
Decision of the Federal Constitutional Court of March 12, 2024, Case No. 1 BvR 605/24 Procedural equality of arms is a crucial cornerstone in court proceedings. In its decision of March 12, 2024, the Federal Constitutional Court made it clear that equality of arms must also be maintained when issuing a preliminary injunction (Case No.: […]
Perfect for Any Diet – Misleading Advertising
Ruling of the Hamburg Regional Court on Brownies with Less Sugar and Fat Brownies that are perfect for a diet? Such advertising claims are certainly questionable. The manufacturer of the corresponding brownie mix now has it in writing from the Hamburg Regional Court that such claims and others for the brownie mix constitute misleading advertising […]
Intention to Bestow Benefits in Hidden Profit Distributions
Judgment of the Federal Fiscal Court on the Requirement of Intention to Bestow Benefits in Hidden Profit Distributions (vGA) – Case No.: I R 9/20 On November 22, 2023, the Federal Fiscal Court (BFH) ruled that an intention to bestow benefits must be present for a hidden profit distribution (vGA) to occur. However, such an […]
Tax Liability When Selling a Portion of Land
Ruling by the Federal Finance Court on Tax Exemption Due to Personal Use, Ref: IX R 14/22 If the purchase and sale of a property occur within less than ten years, the capital gain is subject to taxation. An exception is made for personal use. In this case, tax exemption is possible if the sale […]
Liability for Missing Cancellation Button
Sales Platform Must Ensure Cancellation Option Anyone offering subscriptions, training sessions, and similar services online must also ensure that a cancellation button is available on the same website. This requirement holds even if the website is not operated by the provider itself, but by an advertising partner. This was decided by the Hildesheim Regional Court […]
Custody Arrangements Do Not Imply No-Contact Orders
Important Decision of the German Federal Court of Justice (BGH) on Custody Rights Custody rights often become a contentious issue for separated parents. The German Federal Court of Justice (BGH) recently made a crucial decision regarding custody. In a ruling on February 21, 2024, the BGH emphasized that existing custody arrangements do not automatically imply […]
Separation year of spouses in a shared apartment
Frankfurt Higher Regional Court: Separation does not require moving out of marital apartment The separation year precedes the divorce of a marriage. During this year, the couple no longer forms a household together. However, this does not automatically mean that one partner must move out of the shared marital apartment. In its decision dated March […]
No copyright infringement in the case of a photo wallpaper
Judgment of the Higher Regional Court of Düsseldorf, Ref.: 20 U 56/23 Photos are meant to evoke a desire for vacation, and photo wallpapers in hotels serve the same purpose. However, the question arose whether hotels violate copyright when they publish images featuring photo wallpapers on their websites or booking portals. The Higher Regional Court […]
Venture Capital – Representation of Investors
Legal support for investors in struggling investments There seemed to be no limits. The booming tech industry created a gold rush atmosphere among both startups and investors. The motto was that the fastest would win. Thus, private investors, institutional investors, or private equity firms were all the more willing to invest large sums in startups […]
Improper Price Adjustment Clause in Home Construction
Higher Court of Zweibrücken: No Higher Price Due to Increased Material Costs Rising construction costs and high interest rates have not made purchasing property any easier. However, those who have agreed on a fixed price with a construction company must be able to rely on that price. This is demonstrated by a decision of the […]
Sports Equipment Manufacturer Loses Design Protection
General Court: No Design Protection for Sneakers Already Known to the Public A social media post can have dire consequences, even for design protection. This was a hard lesson learned by a sports equipment manufacturer which, according to a ruling by the Court of the European Union dated March 6, 2024 (Case No.: T-647/22), lost […]
BVerfG Strengthens Rights of Biological Fathers
Judgment of the Federal Constitutional Court of April 9, 2024, Case No.: 1 BvR 2017/21 The Federal Constitutional Court has strengthened the rights of biological fathers with a ruling dated April 9, 2024 (Case No.: 1 BvR 2017/21). With this landmark decision, the constitutional judges opened the door for biological fathers to be recognized as […]
Bankruptcy of d.i.i. Deutsche Invest Immobilien AG
Insolvency Application for d.i.i. 14 GmbH & Co. Closed Investment Limited Partnership The current difficult situation in the construction industry has already brought significant economic difficulties to several real estate companies and project developers, including d.i.i. Deutsche Invest Immobilien AG based in Wiesbaden. On March 28, 2024, the company filed for bankruptcy. Additionally, insolvency applications […]
D&O insurance – OLG Hamm Strengthens Managing Director
Criminal Legal Protection in D&O Insurance Managing directors carry a high risk and can also be personally liable. D&O insurance is intended to mitigate this liability risk. It is therefore crucial that the D&O insurance comes into effect in the event of a claim and does not deny coverage. The Higher Regional Court of Hamm, […]
Tax Disadvantages through Berliner Testament
Ruling of the BFH on Tax Disadvantages due to Jastrowsche Clause The Berliner Testament is popular among married couples because it is particularly suitable for protecting the surviving partner from the claims of other heirs in the event of death. However, financial security can be accompanied by negative consequences for inheritance tax. This is also […]
Beware of Greenwashing in Investment Opportunities
Legal Options for Investors Concerning Greenwashing Sustainability has also made its way into the capital market, at least according to the wishes of investors. For many investors, not only the expected return on an investment is a reason for investment but also its sustainability. However, caution is necessary because not every investment that has been […]
