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Can restructuring by means of debtor-in-possession management be an alternative to government support measures during the corona crisis?
For several weeks now, companies worldwide have been in a state of emergency. The COVID-19 pandemic has caused a sudden collapse in sales in many companies. The retail trade, the tourism industry,…
Short-time work and termination for operational reasons
For the first time since the financial and economic crisis of 2008/2009, many employers have to deal with short-time working on a large scale. Once again employers are faced with the question of what…
Overcoming the crisis in the automotive sector: The Bundeskartellamt temporarily tolerates certain forms of cooperation during the restart of production and restructuring
During the Corona crisis, all OEMs (Original Equipment Manufacturers) in the automotive industry shut down large parts of their production in Germany, which also caused a stagnation for hundreds of…
Update on the EEG levy: federal government's economic stimulus package and simplification of application procedure to make use of the Special Equalisation Scheme
1. Reduction of the EEG levy By far the largest financial position in the energy sector is the planned reduction of the EEG levy. CDU/CSU and SPD have decided to reduce the EEG levy as…
Act to ensure proper planning and licensing procedures during the COVID-19 pandemic: a step towards the digitisation of public administration
On 29 May 2020, the "Act to ensure proper planning and licensing procedures during the COVID-19 pandemic”, in short “Planning Security Act” (Planungssicherstellungsgesetz, PlanSiG) entered into…
Subsidiarity of party examination according to section 448 of the German Code of Civil Procedure
Part of the taking of evidence to determine the truthfulness of disputed factual claims can also be the examination of the parties ex officio pursuant to Section 448 of the German Code of Civil…
Today, in its decision the German Federal Court of Justice confirmed in summary proceedings that the extensive collection and use of data by Facebook across multiple services could constitute an abuse of a dominant market position (case no. KVR 69/19)
The decision The German Federal Court of Justice (Bundesgerichtshof (BGH)) decided today in a ruling that Facebook temporarily is not allowed to collect data of its users across different services…
Restructuring Post-coronavirus under Pre-coronavirus conditions?
The coronavirus crisis undoubtedly came as a surprise. However, in the automotive industry in particular, the sun was not always shining before the crisis hit. Car manufacturers and their suppliers…
The “Steward-owned Company” – from idea to draft-bill
It is by no means a new idea that it is possible to separate entrepreneurial activities from the – legitimate – purpose of maximising profits as a goal in itself, and then to replace this purpose…
Higher Regional Court of Cologne holds operation of “Smartlaw” contract generator does not violate german legal services act – care should be taken when presenting and advertising LegalTech offers
Users of the “Smartlaw” solution provided by the publisher Wolters Kluwer can, based on a Q&A system, create and purchase customised legal documents, for example, contracts, powers of attorney or…