October 2020

Editorial

Dear Readers, 

This GvW International Newsletter deals with the recent statement of German data protection authorities and the most recent ECJ Decision on Google Analytics, which will make it much more difficult for German website owners to use this popular Google tool in future.

In this issue we report on the recent ruling of the General Court of the European Union (EGC) in which it annulled the Commission’s decision demanding the recovery of State aid. ‘The action for annulment had been brought before the EGC by the Republic of Ireland and Apple subsidiaries. Which means that Apple Group is still getting off scot-free – at least for now – as far as the repayment of alleged State aid regarding Irish tax rulings is concerned.

We also comment on a draft Bill of the German Federal Ministry of Finance which ratifies the Multilateral Instrument, a recent international tax treaty.  

Furthermore, we report on a BGH judgment which stated that the merchant is not liable for the customer reviews on a trading platform (in that case Amazon). 

In addition our Istanbul office comments on recent changes in the law which are aimed at minimizing the negative impact of the covid-19 pandemic in Turkey and provides information on a new law amending the Turkish Competition Law. 

We wish you an interesting read! 

Kindest regards, 

Dr Gökce Uzar Schüller, Attorney at Law, Frankfurt and Istanbul 

Use of Google Analytics to become more difficult
German data protection authorities published a joint position statement regarding Google Analytics already in May 2020. The European Court of Justice’s decision of 16 July 2020 increases the requirements even further. Use of Google Analytics will become more difficult in the future. more
Tax Rulings: No State aid for Apple after all?
Apparently, Apple Group is still getting off scot-free – at least for now – as far as the repayment of alleged State aid regarding Irish tax rulings is concerned. The General Court of the European Union (EGC), the competent court of first instance, annulled the Commission’s decision demanding the recovery of State aid in its ruling of 15 July 2020. The action for annulment had been brought before the EGC by the Republic of Ireland and Apple subsidiaries (cases T-778/16 and T-892/16). more
The German Federal Ministry of Finance Presents Draft Bill to Ratify the Multilateral Instrument
On 28 May 2020, the German Federal Ministry of Finance [Bundesministerium der Finanzen – “BMF”] presented a bill by the somewhat unwieldy title “Bill on the Multilateral Convention of 24 November 2016 to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting”, the purpose of which is to ratify what is known as the Multilateral Instrument (“MLI”). more
Merchants generally not liable for customer reviews on trading platforms
For many buyers, customer reviews are key to their buying decision. But what if reviews on a platform are incorrect? Does this mean that the merchant is potentially liable for unfair competition? Not as a general rule, says the German Federal High Court of Justice [Bundesgerichtshof – BGH]. more
Turkey: Recent regulations related to Covid-19 Pandemic
The impact of Covid-19 is continuing to evolve in Turkey and businesses need to update their knowledge to keep up with the ever-changing regulations. For this purpose we provided a first report in our earlier newsletter concerning legal changes in Turkey relating to the pandemic. Our new update includes the recent shifts in legislation after our last report and other legal developments. more
Turkey: Insights on the new Amendments to the Turkish Competition Law
Law No.7246 Amending the Law on the Protection of Competition („Amendment Law“) entered into force on 24 June 2020. This regulation is a response to the European Commission’s 2019 Turkey Report, regarding the steps that Turkey should take in order to harmonize Turkish competition law with that of the EU. more

Aktuelles


Aktuelle Newsletter



Archiv