News

Oppenhoff has once again comprehensively advised the EIC Fund on its German investments. This time, the EIC Fund invested in the Munich-based start-up Reverion GmbH together with, among others, the US-based lead investor Energy Impact Partners (EIP) and Honda Motor.

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Oppenhoff has provided comprehensive legal advice on the foundation of the Icon League, which was established by world-soccer star Toni Kroos and the well-known German streamer Elias Nerlich (alias Eligella or EliasN97).

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In 2018, the German legislator introduced a model declaratory action for the first time – prompted by the wave of lawsuits in the wake of the diesel scandal. Since then, mass actions have become an integral part of the German litigation landscape.

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A new ruling by the European Court of Justice (ECJ, judgment of 29.7.2024, C-298/22) focuses on the limits of the exchange of information under EU antitrust law. The Court clarifies when an exchange of information constitutes a restriction of competition "by object" within the meaning of Art. 101 TFEU.

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Oppenhoff has comprehensively advised the shareholders of the family-owned company Sassa Mode Group on the complete takeover by the Dutch HVEG Fashion Group.

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The amendment to the German Federal Immission Control Act (Bundes-Immissionsschutzgesetz, BImSchG) is in force. The aim of the amendments is to accelerate approval procedures. The expansion of wind energy, in particular, should benefit from this, without climate protection being neglected.

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The new German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung, AWV) came into force on 23 June 2024. The new regulations only affect a few economic sectors and are partly of an editorial nature. Nevertheless, the amendment is noteworthy as it expands the controls on dual-use goods at national level and creates new criteria for incurring fines.

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On 28 June 2024, the Bundestag unanimously passed an amendment of the German Shop Constitution Act (Betriebsverfassungsgesetz, BetrVG) in order to eliminate legal uncertainties concerning works council remuneration, which has always been a complex issue. We explain the amendment and show you why this issue will remain problematic.

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Oppenhoff has advised VSE AG on the decommissioning and dismantling of the coal-fired power plant in Ensdorf, Saarland. The power plant will now be dismantled by 2027 and a new area created for industrial and commercial use.

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With some delay, the EU adopted the fourteenth package of sanctions against Russia on 24 June 2024. With this, the EU has sanctioned further natural persons and legal entities, extended the embargoes and adopted further measures to fight circumvention of the sanctions. However, the anticipated extension of (absolute) liability for foreign subsidiaries has not been included in the new regulations.

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Oppenhoff has appointed three lawyers from amidst its ranks as junior partners with effect from 1 July 2024: Moritz Coché (Employment Law), Martin Brandenburger-Nonnast (Tax Law) and Patrick Vapore (Litigation & Arbitration).

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The government is hoping to relieve the economy of bureaucracy through a multitude of individual measures. On 19 June 2024, the German government supplemented the draft of the Fourth Bureaucracy Relief Act (Bürokratieentlastungsgesetz IV, BEG IV), which also contains numerous changes of relevance to labour law. The motto is: “digital services as opposed to analogue relics”. In this second issue of our Focus on Labour Law 2024, we summarise for you the most important planned changes and, as usual, report on many practice-relevant labour law decisions and innovations.

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Oppenhoff has advised Finanz Informatik GmbH & Co. KG, digitisation partner of the Sparkassen savings banks, on the negotiation of a comprehensive company collective agreement with the trade union ver.di. The collective agreements include provisions on working hours and remuneration, pension schemes and time credit accounts. The overall package also includes comprehensive transfer regulations for employees switching to the company collective agreement.

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The reintroduction of the subsidisation of affordable housing within the framework of non-profit law has been a contested issue for years. Its reintroduction was intended to create a new dynamic in the construction and long-term social commitment of affordable housing. The draft bill of the German Annual Tax Act 2024 (Jahressteuergesetz 2024) was published on 5 June 2024. The regulations on non-profit housing fall well short of expectations and will doubtlessly miss their targets. Hopefully, there will be improvements here.

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Oppenhoff has advised Suprajit Engineering Ltd. on the acquisition of the business operations of the SCS Group. In addition to the assets of SCS Germany, in which the operational business is bundled, the listed Indian group is also taking over the worldwide business operations of the SCS Group with locations in Poland, Morocco, Canada and China.

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Oppenhoff has advised the Wilms Group on the sale of a majority holding in Südkabel GmbH to Sumitomo Electric Industries, Ltd. The transaction is subject to clearance from the relevant antitrust authorities.

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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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Oppenhoff has comprehensively advised independent pan-European private equity investor Argos Wityu on the acquisition of a majority stake in the regionally market-leading Karl Schmidt group from private equity owner Odewald KMU. The management will retain a minority stake and will continue to lead the company.

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The excitement and anticipation are mounting. However, it is not only the rules of the football match itself that need to be observed during the upcoming UEFA Euro 2024, but also a num-ber of labour law requirements if employees are to avoid falling foul of labour law. From fol-lowing the match via live ticker to flexible holiday planning, the UEFA Euro 2024 poses chal-lenges for companies and employees alike. The following guidelines highlight the main poten-tial (conflicts) to be avoided to ensure that nothing stands in the way of an unadulterated en-joyment of the match.

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Oppenhoff has advised the plant operator Energie Hub Moorburg GmbH on the preparation and implementation of the dismantling of the hard coal-fired power plant in Hamburg Moorburg. In future, the site is to be used for renewable energies and the production of green hydrogen.

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Oppenhoff together with leading Italian firm Gatti Pavesi Bianchi Ludovici advised Iveco Group on an agreement with Mutares SE & Co. KGaA to transfer the ownership of MAGIRUS GmbH and its affiliates (MAGIRUS).

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Oppenhoff boosts its Corporate/M&A practice with the next partner addition within a few weeks: Dr Regina Engelstädter joined from Paul Hastings as of April 15, 2024, and works in Oppenhoff's Frankfurt office. In early March, Dr. Barnim von den Steinen had joined the Oppenhoff office in Frankfurt.

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The AI Act contains a comprehensive regulatory programme for providers of high-risk AI systems. Providers of AI systems would therefore be well advised to take measures to avoid falling under the scope of application of high-risk AI systems. According to the exemption codified in Art. 6 (3) AI Act, AI systems that would generally be categorised as high-risk AI systems under Art. 6 (1) AI Act are exempt from this categorisation according to certain criteria. Here, we report on a first possible way of avoiding falling under the corresponding area of application. A further way of avoiding falling under the scope of application of high-risk AI systems is provided by Art. 25 (1) AI Act for providers of AI systems that have been placed on the market or put into operation.

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Oppenhoff has advised SnowWorld International B.V. on the increase in the equity interest in Alpenpark Neuss, which includes the indoo ski centre Neuss, to 100 percent. The founders August Pollen and Johannes Janz had already brought the SnowWorld Group on board as a strategic partner in 2018, initially with 25 percent and subsequently with 66 percent. Oppenhoff had advised on both, the initial investment and the increase in the majority stake.

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Oppenhoff has advised the transport network operator of the WIGA Group on a transaction with which the German state is gaining greater influence over the gas transport network in Europe. Gascade Gastransport GmbH is part of the WIGA Group, which was previously held in a joint venture by Wintershall Dea AG and SEFE Securing Energy for Europe GmbH. SEFE, as a state-owned energy company, has now acquired the shares of Wintershall Dea AG.

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