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Risk of regulatory fines in emissions trading: German Emissions Trading Authority’s sanctioning practice fails in court
The attempt by the German Emissions Trading Authority at the Federal Environment Agency (Deutsche Emissionshandelsstelle im Umweltbundesamt – DEHSt) (hereinafter simply referred to as the “German…
Excessive substantiation requirements constitute a violation of the right to be heard in court
In civil law court proceedings, the principle of production of evidence applies. According to this principle, all facts that are relevant to the decision must be introduced into the proceedings by…
Recent CJEU ruling: Time spent on stand-by can be counted as working time
Under German working time law, periods of stand-by during which no actual work is performed do not constitute working time, but are in principle included in the rest period which is not subject to…
Influencer marketing 2021 and the identification requirements
Influencer marketing is very much in vogue. In a recent study carried out by the German Association for the Digital Economy (Bundesverband Digitale Wirtschaft – BVDW) in March 2020, one in five…
NFTs – What are they? And if so, how many?
What do Twitter founder Jack Dorsey, the American professional basketball league NBA, the band Kings of Leon and the digital artist Beeple have in common? NFTs or non-fungible tokens. These still…
Draft bill restricting the practice of using fixed-term employment contracts without an objective reason
To this end, the maximum duration of fixed-term employment contracts entered into without an objective reason is to be reduced from currently 24 months to only 18 months in the future, and only one…
"Responsible ownership" becomes "tied assets".
Already in June 2020, when an independent working group presented a draft law on a limited liability company "in responsible ownership", we reported on this blog. Since then, the proposal has been…
Amazon FBAs – hot targets?!
April 2021: Berlin Brands Group announces USD 240 million debt financing with participation of Deutsche Bank, Commerzbank and UniCredit Group. Thrasio closes USD 100…
Abdicability of TOMs - Note by HamBfDI of 18 February 2021
Data subjects can effectively consent to the downgrading of technical organisational measures affecting the processing of their personal data if this is done voluntarily (see HamBfDI note of 18…
Federal Court of Justice regarding cross-border service of an action within the time limit in case of insolvency challenges by an administrator
So far there have been many uncertainties regarding the requirements for lawful service of an action to a defendant based in another EU country. In its ruling of 25 February 2021, the IX. Civil…