June 2017

Editorial

Dear Readers, 

This GvW International Newsletter deals with the new law on construction contracts, which is called as one of the greatest interventions of the legislator into construction contracts law of the last years and the new notification and compliance obligations for companies in Germany. 

In this issue, we also want to give you some details on the new state aid rules amending the General Block Exemption Regulation (GBER), according to which in particular special public funding initiatives for ports, airports, culture, sport and multifunctional recreational infrastructures and certain outermost regions of the European Union are no longer subject to prior Commission Approval. 

Furthermore, it has been confirmed by a recent ruling of the European Court of Justice that it is admissible to take a legal action in Germany in order to prevent legal proceedings in France even if an independent pre-litigation procedure of taking evidence is already pending in France. 

We wish you an interesting read!

Kindest regards, 

Dr. Gökce Uzar Schüller, Attorney at Law
Munich and Istanbul 

European Civil Procedure Law

State Aid and Subsidies

Construction Law

Corporate Law

The new Law on Construction Contracts 2018
In its session on 9 March 2017, the Bundestag approved the draft drawn up by the government of the “Law reforming the law on construction contracts and amending the liability for defects”. This reform law constitutes one of the greatest interventions of the legislator into construction contracts law of the last years. The aim of the reform is on the one hand to strengthen consumer protection in construction contracts law, on the other hand to provide clear statutory provisions on the complex special matter of construction law. more
New notification and compliance obligations for companies in Germany in connection with the introduction of a transparency register
The Fourth EU Anti-Money Laundering Directive has been implemented in Germany in June 2017, inter alia with a more or less completely revised German Anti-Money Laundering Act (Geldwäschegesetz, “GWG”). The GWG will be effective on June 26, 2017, which is the deadline for the implementation of the Fourth EU Anti-Money Laundering Directive by the member states. more
Legal Action in Germany may prevent Legal Proceedings in France
If a German company is involved by a French customer in an independent pre-litigation procedure of taking evidence that was initiated by the latter’s end customer, it is often preferable to prevent a lawsuit in France by a so-called “torpedo suit” in Germany. In a present ruling, this strategy was deemed to be admissible by the European Court of Justice (ECJ). more
New State Aid Rules for Ports, Airports, Culture, Sport and Multifunctional Recreational Infrastructures
On 20 June 2017, the European Commission Regulation (EU) 2017/1084 of 14 June 2017 has been published in the Official Journal of the European Union. The Regulation contains new state aid rules amending the General Block Exemption Regulation (GBER), according to which in particular special public funding initiatives for ports, airports, culture, sport and multifunctional recreational infrastructures and certain outermost regions of the European Union are no longer subject to prior Commission Approval. more

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