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The provisions on administrative fines as set out in the German Minimum Wage Act do not result in liability to pay damages on the part managing directors of a German limited liability company pursuant to Sec. 823 of the German Civil Code.

The European legislator has agreed on a final version of the EU Data Act. which introduces new rules for agreements on data access and sharing.

On 13 July 2023, in a preliminary ruling pursuant to Art. 267 TFEU, the Second Chamber of the European Court of Justice, following a request from the Budapest High Court addressed the standards a prohibition under foreign direct investment review laws and regulations must meet and, in this context, also commented on the EU Screening…

On 1 February 2023, the European Commission presented the Communication 'A Green Deal In-dustrial Plan for the Net-Zero Age'. The ‘Communication’ is a package of measures designed to help the EU industry make progress in the transition to climate neutrality and strengthen its position in global competition, since subsidies abroad are…

Following a proposal by the European Commission and an agreement in the Committee of the Permanent Representatives of the Governments of the Member States to the EU on 21 June 2023, the Council of the European Union adopted the eleventh sanctions package against Russia on 23 June 2023. The relevant regulations were published in the…

Law No. 7445 on the Amendment of the Enforcement and Bankruptcy Law and Certain Laws was published in the Official Gazette dated 5 April 2023, and numbered 32154.

On 19 April 2023, the European Parliament adopted a Regulation on deforestation. Subject to formal approval by the Council, this paves the way for more protection and restoration of forests.

Foreign legal entities directly or indirectly (via subsidiaries) owning or purchasing real estate in Germany must notify the details of their ultimate beneficial owners (UBO) to the German Transparency Register unless they have already duly registered their UBO(s) with the UBO register of another EU member state. Based on recently…

The Law on the Amendment of the Social Insurance and General Health Insurance Law and the Decree Law Act No. 375, Law Act No. 7438 (“Law”) (also known as the Regulation for Those Ineligible to Retire due to Age), was published on 3 March 2023 in the Official Gazette with number 32121 and entered into force on the date of its publication. …

Der Gesetzgeber möchte mit einer Änderung des § 26 InvStG die Investitionsmöglichkeiten für Spezial-Investmentfonds in Erneuerbare Energieanlagen und E-Ladestationen verbessern.

The Chinese Government has officially deposited with the “Hague Conference on Private International Law” the instruments of accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention abolishing the requirement of legalization for Foreign…

The right of access by data subjects pursuant to Article 15 of the General Data Protection Regulation (GDPR) is increasingly proving to be a sharp sword, as already seen last year from decisions of various courts clarifying just how far such right goes, thus clearly setting out the requirements to be met by controllers under data…

On 26 February 2023, new sanctions against Russia came into force as the EU unleashed its 10th sanctions package on the occasion of the anniversary of Russia’s attack on Ukraine on 24 February 2023.

New statutory requirements entered into force on 1 January 2023 regarding the assurance to be given a new managing director or board member upon notification of their appointment to the commercial register.

In a judgement of 16 February 2023 (case no. 8 AZR 450/21), the German Federal Labour Court awarded the difference in salary, plus lump sum compensation equal to 15% of the difference, to a female field sales agent whose salary had been approx. EUR 1,000.00 lower than that of her male co-worker also employed in field sales.

The validity of contract clauses allowing a party to exit the contract solely for the reason that the other party becomes illiquid and/or a petition for insolvency is filed or insolvency proceedings are instituted is a matter of intense debate.

On 12 January 2023 the EU Regulation on foreign subsidies distorting the internal market entered into force.

As an immediate response to Russia’s massive attacks on civil infrastructure in Ukraine, the EU adopted its ninth sanctions package on Russia on 16 December 2022.

The new Vertical Block Exemption Regulation 2022/720, which replaces the previous, now expired, Vertical Block Exemption Regulation 330/2010, contains some significant innovations as well as clarifications. The following is an overview of the rules now applicable to distribution contracts.

A few days ago, the German Federal Labor Court (“Bundesarbeitsgericht”, BAG) finally published the written reasons for a decision dated September 13, 2022, in which it found - unexpectedly for many - a far-reaching obligation to record daily working hours.

The German Act on Corporate Due Diligence Obligations in Supply Chains, which came into force on 1 January 2023, will have a major impact on M&A transactions in Germany moving forward.

On 28 December 2022, Germany’s Second Sanctions Enforcement Act [Sanktionsdurchsetzungsgesetz II – SDG II] entered into force.

The provisions of the German Packaging Act have been tightened significantly.

With the tense situation on the gas market that has been seen for some months following the Russian invasion of Ukraine, the German government announced its Early Warning Level on 30 March 2022 before moving to the Alarm Level of its “Emergency Gas Plan for the Federal Republic of Germany” on 23 June 2022.

Things are still very much in flux in Germany in the area of taxation of remuneration for the transfer of rights entered in a German register (e.g. patents or other industrial property rights).

By Decision of 13 September 2022, the German Federal Labour Court found as follows: Pursuant to Sec. 3 Para. 2 No. 1 of the German Occupational Health and Safety Act, employers are required to introduce a system enabling the working time of their employees to be recorded.

Communiqué No. 2022-32/66 Amending Communiqué No. 32 on the Protection of the Value of Turkish Currency (“Communiqué”) was published in the Official Gazette on 19 April 2022 and numbered 31814. The Amendment Communiqué entered into force on the date of its publication.

To mitigate the negative consequences of the COVID-19 pandemic, the German legislature early in 2020 introduced a moratorium on terminations (Art. 240 Sec. 2 Introductory Act to the German Civil Code [Einführungsgesetz zum Bürgerlichen Gesetzbuch – EGBGB]).

The “tried and tested” public enforcement measures known from data protection legislation under the EU’s GDPR are now being enlisted in civil and unfair competition law: since 28 May 2022 infringements of consumer protection regulations have been subject to fines of up to 4% of annual revenues.

It’s the buzzword on everyone’s lips: ESG (environmental, social, governance). This article gives an overview of current and upcoming changes in legislation relating to properties.