News

Focus IT&C – 2nd quarter 2025

We have compiled some important and exciting new developments and case law from IT law and data protection for you. We hope you enjoy reading it!

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"Rapid increase in capabilities": Cabinet decides on draft law for accelerated Bundeswehr procurement

The German government is focussing on rapidly equipping the Bundeswehr, for which the easing of the so-called “debt brake” has already paved the way. As a next step, it is now tackling the procurement regulations (again). The draft bill of the BwPBBG brings with it extensive simplifications and acceleration effects, but also disadvantages, for example when dealing with unsecured financing and reduced legal protection.

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Corporate Law / Mergers & Acquisitions15.07.2025Cologne News

Oppenhoff to become strategic partner of the Corporate Law Clinic Cologne

Oppenhoff is entering into a strategic partnership with the Corporate Law Clinic e.V. (CLC). The collaboration will be supervised by Dr. Günter Seulen and Dr. Philipp Heinrichs, both partners in the field of corporate law/M&A. Dr. Philipp Heinrichs also represents the law firm as a member of the CLC's advisory board.

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Oppenhoff advises Compagnie de Saint-Gobain on sale of German timber construction division

Oppenhoff has advised Compagnie de Saint-Gobain on the sale of its Münsterland-based subsidiary, Saint-Gobain Brüggemann Holzbau GmbH including all business properties to Köster Holding SE.

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27.06.2025 Newsletter

Focus on Labour Law - 2nd quarter 2025

As the first half of the year draws to a close, we are sending you our second issue of Focus on Labour Law, which provides you with an up-to-date overview of the most important labour court decisions of recent months as well as new legislation. Of particular practical relevance are the much-noticed decisions of the Federal Labour Court (Bundesarbeitsgericht, BAG) on the expiry of virtual option rights after termination of the employ-ment relationship and on the multiple voting right of matrix managers in works council elections. Finally, in the "Rethinking HR!" section, we take look at the AI Act and examine the possibilities and limits of using AI systems in the HR sector.

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ECJ clarifies requirements for bans on active sales in exclusive distribution

In its judgement of 8 May 2025 (ECJ, judgement of 8 May 2025, C-581/23), the European Court of Justice specified key requirements for the admissibility under antitrust law of sales bans in the context of exclusive distribution systems. A supplier may prohibit its distributors from actively selling in a territory exclusively allocated to another distributor if it has previously informed its other distributors sufficiently about the existence and protection of the exclusive territories and the distributors have agreed to the restriction expressly or by implied behaviour.

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13.06.2025 News

Oppenhoff advises Alfred Landecker Foundation on the establishment of the Adenauer School of Government

Oppenhoff has advised Alfred Landecker Foundation on the long-term funding of the Adenauer School of Government (ASG) newly founded by the University of Cologne and has supported the contract negotiations.

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Key Client Briefing: Use of artificial intelligence in internal investigations

Internal investigations are an essential tool for uncovering potential misconduct in companies, averting damage and initiating the necessary measures. With increasing digitisation and the ex-ponential growth in the volume of data, digital e-discovery tools have become an integral part of any internal investigation. Providers of such tools promise not only increased efficiency through the use of artificial intelligence ("AI"), but also deeper insights and more precise results.

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12.06.2025 News

Best Lawyers Ranking 2025: Oppenhoff with one ‘Lawyer of the Year’ over 90 recommendations

Oppenhoff lawyers received over 90 recommendations in this year's Best Lawyers ranking. Dr. Jürgen Hartung was even named ‘Lawyer of the Year’ in the field of technology law – proof of the outstanding reputation of our IT&C team.

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Fines for unlawful vertical price fixing: German Federal Cartel Office takes action against Sennheiser and Sonova

A recent case handled by the German Federal Cartel Office clearly shows that (antitrust) compliance training alone is no guarantee of compliant behavior. Companies would be well advised to continu-ously monitor their compliance with legal requirements.

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Oppenhoff advises MRH Trowe Group on the acquisition of Heubeck AG

Oppenhoff has advised MRH Trowe & Lurse GmbH in connection with strategic and regulatory matters in relation to the acquisition of Heubeck AG.

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ECJ affirms access claims to digital platforms: Refinement of the essential facilities doctrine

In February 2025, the European Court of Justice clarified the application of the essential facilities doctrine in the context of digital platforms in its “Android Auto” judgment (ECJ, judgment of Feb-ruary 25, 2025, C-233/23). The Court found that the refusal of a dominant undertaking to ensure the interoperability of its platform with a third-party app may be abusive. In this context, the plat-form does not have to be essential for the commercial use of the app by the third party; it is suffi-cient that it makes the app more attractive to users.

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Employment Law23.04.2025 Newsletter

New Coalition Agreement: strategic considerations for HR managers

The Coalition Agreement contains many topics of employment law relevance. Whether and how they are to be implemented will be handled during the legislative period. Although the details have not yet been determined, HR departments are advised to address individual topics and lay the groundwork now. Focal points of employment law relevance are working hours, the minimum wage and collective bargaining coverage. We have answers to the most important questions.

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New Coalition Agreement - what's in store for us from the legal perspective

The CDU/CSU and SPD agreed on a new Coalition Agreement on 9 April 2025. A multitude of political projects are on its agenda. Our experts from the various sector groups have summarised the most important points from a legal perspective.

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Oppenhoff advises shareholders of specialised insurance broker AutoProtect GmbH on sale

Oppenhoff has successfully advised the managing shareholders of AutoProtect GmbH, a leading specialised insurance broker in the automotive trade, on the sale of their company. AutoProtect GmbH will become part of Leading Brokers United.

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Oppenhoff advises Sicame Group on takeover of Kronenberg Freileitungsarmaturen

Oppenhoff has advised the French Sicame Group, a leading global provider of products and services in the fields of electrical power distribution, renewable energies, electromobility, safety equipment and industrial applications, on the takeover of Kronenberg Freileitungsarmaturen GmbH.

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26.03.2025 Newsletter

Focus on Labour Law - 1st quarter 2025

Labour law continues to evolve and the ongoing coalition negotiations between the CDU/CSU and SPD promise further exciting developments. The first key points for labour law are already identifiable: The flexibilisation of working hours, a possible increase in the minimum wage and measures to strengthen collective bargaining coverage are central points of discussion. However, it remains to be seen what will ultimately end up in the coalition agreement - and more importantly, what will actually be implemented.

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25.03.2025 Publication

Practical Law Guide 2025: Lending & Taking Security in Germany

In the current publication of the Practical Law Guide on the topic “Lending & Taking Security in Germany”, our experts provide a well-founded and practical overview.

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Employment Law21.03.2025 Newsletter

Newsflash: Virtual option rights – expiry clauses under scrutiny

Bad news from Erfurt for companies with employee stock option programmes. The Federal Labour Court (Bundesarbeitsgericht, BAG) has abandoned its previous case law that the principles for examining general terms and conditions developed for special payments cannot be applied without restriction to stock options due to their speculative nature. According to this latest decision by the BAG, expiry clauses that allow already vested (i. e. exercisable) virtual options to expire immediately or disproportionately quickly after an employee’s resignation are unreasonably disadvantageous for the employee and therefore invalid. Numerous so-called bad leaver and good leaver clauses in employee stock option programmes are going to require an overhaul at the very least.

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Bundestag adopts historic fiscal package - including amendment to the German Constitution

On Tuesday, 18 March 2025, the Bundestag voted in favour of easing the so-called “debt brake” and creating a new special fund. The Bundesrat approved these plans on 21 March.

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17.03.2025 News

azur100: Oppenhoff among the top 10 employers in 2025

With an overall ranking of five stars, Oppenhoff is one of the top 10 law firms in this year's azu100 ranking for young professionals. Associates are particularly impressed by the firm’s comprehensive training programme, the excellent development opportunities and its international orientation.

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Tax Law10.03.2025 Newsletter

What changes will the new legislative period bring to tax law?

On March 8, 2025, German political parties CDU/CSU and SPD presented the results of their preliminary coalition talks en route to a new government in Germany and recommended that the party leaders enter into coalition negotiations. They have published their preliminary results in a discussion paper publicly available. The preliminary results only lay the groundwork for the coalition negotiations between the conservative CDU/CSU and the center-left SPD and do not yet contain any binding commitments. Nevertheless, the paper already allows initial conclusions to be drawn regarding potential changes in tax law for both corporations and private households that are likely to come during the tenure of the next government.

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10.03.2025 Newsletter

Protecting your own voice in times of AI voice cloning

Voices imitated by AI - known as "voice cloning" or "deepfake audio" - can increasingly be found on the internet. Voice material of just a few minutes is now enough to imitate voices deceptively realistically. With further progress in AI technology, it is becoming increasingly difficult to distin-guish between original and imitation audio files.

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03.03.2025 Publication

No injury benefit for ex-professional footballer despite incapacity for work

In its ruling of 25 March 2025, the Federal Social Court (Bundessozialgericht, BSG) confirmed that an ex-professional footballer is not entitled to injury benefit if he continues to earn during his incapacity for work (B 2 U 2/23 R)

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Julia Witte

Julia Witte

Communications Manager

Konrad-Adenauer-Ufer 23
50668 Cologne
T +49 221 2091 342

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