September 2018


Dear Readers,

In this issue we report on a recent German appeal court decision which has significant consequences for direct advertising. We also comment on a decision of the Court of Justice of the European Union which found several articles of the German Income Tax Act to be incompatible with EU law on freedom of establishment. Another decision highlighted here shows how important it is for managers discovering criminal offences committed within their company to contact a defense counsel promptly in order to discuss how to proceed, in particular in relation to the conduct of internal investigations. 
You will also find in this issue information from our Istanbul office on the new Decree, which bans foreign currency contracts between Turkish residents.

We wish you an interesting read!

Kindest regards,

Dr Gökçe Uzar Schüller
Attorney at Law, Frankfurt and Istanbul

Tax Law

Data protection

Constitutional Law/Criminal Law

Turkey Desk

E-mail advertising to existing customers facilitated
Direct advertising by e-mail has only been permitted under strict conditions since the entry into force of the General Data Protection Regulation. The legal simplification of e-mail advertising for existing customers is, therefore, gaining in importance. According to a recent ruling by the Court of Appeals (Oberlandesgericht) of Munich, this exception is now also applicable to free, so-called "freemium" offers. more
ECJ also considers § 50d (3) EStG 2012 to be incompatible with EU law
Good news once again for German corporations whose shareholders are foreign holding companies domiciled in the EU or the EEA: After the European Court of Justice (“ECJ”) had already decided that Section 50d para. 3 German Income Tax Act (Einkommensteuergesetz, "GITA”) in the version of the Annual Tax Act 2007 was not in line with the freedom of establishment (Niederlassungsfreiheit) and the Parent-Subsidiary Directive, the ECJ now has also decided that Section 50d para. 3 GITA in the version of the Annual Tax Act 2012 violates the freedom of establishment and the Parent-Subsidiary Directive. more
Internal investigations in the light of current decisions of the Federal Constitutional Court on secure client documents
With three decisions of 27 June 2018, the Federal Constitutional Court (Bundesverfassungsgericht, "BVerfG") held that the constitutional complaints of a company, the law firm commissioned by it and three lawyers in the law firm were inadmissible. more
Turkey bans foreign currency contracts between turkish residents and resident companies
In order to prevent devaluation of the Turkish Lira, the Turkish administration issued a presidential decree dated 12 September 2018 (“Decree”) establishing restrictions on agreements denominated in foreign currencies or indexed to foreign currencies if such agreements are concluded between individuals and/or legal entities residing in Turkey. more


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