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Germany further tightens investment control regime – 4th amendment within a year
On 27 April 2021, the German government passed the 17th Ordinance Amending the Foreign Trade and Payments Ordinance (AWV), which already came into force on 1 May 2021. With this 4th amendment in…
Perennial issue: software vs. co-determination (Section 87 (1) No. 6 BetrVG) - On the trials and tribulations of the German Federal Labour Court
The required participation of the works council in the introduction and use of technical equipment pursuant to Section 87 (1) no. 6 of the German Works Constitution Act (Betriebsverfassungsgesetz,…
Free-riding allowed? - BGH declares Booking.com's ‘narrow most favored nation clause’ illegal
Hotel booking portals such as Booking.com offer hotel customers direct bookings. To this end, the hotel portal operators conclude contracts with the hotels for the brokerage of hotel bookings in…
Klimaklage Urgenda gegen Niederlande
Eine der bemerkenswertesten Klimaklagen stammt aus den Niederlanden. Die Stiftung Urgenda hatte mit fast 900 Nebenklägern 2013 eine dort zulässige „Gemeinwohlklage“ gegen den Staat erhoben. Die…
Corona Occupational Health and Safety Ordinance amended and extended
On 23 June 2021, the draft bill of the Federal Ministry of Labour and Social Affairs on the new SARS-CoV-2 Occupational Health and Safety Ordinance (SARS-CoV-2-Arbeitsschutzverordnung) was adopted.…
Challenges in dealing with cross-border cartel cases – why is this so relevant right now?
While currently the coronavirus case numbers fortunately are decreasing in many countries such as Germany, competition authorities might soon restart to increasingly conduct unannounced inspections…
Amendment of the EEG 2021 - New energy for the expansion of photovoltaics in Germany?
The last amendment to the EEG 2021 has barely been in force for half a year, yet the German legislator has once again amended key provisions in the EEG 2021 that relate to…
Change of case law in insolvency avoidance law: German Federal Court of Justice requires stronger weighting of the factual circumstances to justify a challenge of transactions based on intent
With the challenge of transactions in insolvency proceedings, asset transfers of all kinds - including justified payments by a debtor to a creditor - are reversed. In principle, this is intended to…
Digitising personnel files
As digitalisation in the working environment strongly increases and remote working is on the rise, personnel files are also increasingly being maintained in a digital format. This offers significant…
Merger control of Venture Capital investments
Due to the 10th amendment of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, following “ARC”), which entered into force at the beginning of this year (see…