Mergers & Acquisitions / Tax Law30.05.2023 News

Oppenhoff advises BeyondBuild on strategic merger of spaceOS and Equiem Holdings

Oppenhoff has advised the venture capital investor BeyondBuild GmbH on a strategic merger of spaceOS Limited and Equiem Holdings Pty. Ltd. BeyondBuild GmbH is a VC investor that specialises in proptech and was one of the first professional investors in the Warsaw and Dublin-based start-up spaceOS Limited.

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Oppenhoff advises Family Trust on investment in Hyla Germany

Oppenhoff has provided comprehensive legal advice to the Munich-based private equity investor Family Trust Investor on its investment in Hyla Germany GmbH. Hyla Germany GmbH is the exclusive distribution partner in Germany and Austria of Hyla D.O.O., a manufacturer of high-quality air and room cleaning equipment under the "Hyla" brand.

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Oppenhoff advises MAI Group on acquisition of xpose360

Oppenhoff has advised MAI Marketing Automation Intelligence Group GmbH ( MAI Group) on the acquisition of xpose360 GmbH (xpose360), a specialist agency for digital performance marketing. xpose360 will become part of MAI Group as part of the transaction and the existing shareholders of xpose360 will become shareholders in MAI Group.

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Employment Law / Compliance12.05.2023 Newsletter

Implementation of whistleblower systems

The federal and state governments have been able to reach a compromise on the protection of whistleblowers, and today, 12 May 2023, the Bundesrat approved the amended German Whistle-blower Protection Act [Hinweisgeberschutzgesetz, HinSchG].

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Oppenhoff advises CEO of Gerry Weber on financial and operational restructuring

Oppenhoff is advising the CEO of Gerry Weber International AG, Angelika Schindler-Obenhaus, on the company’s financial and operational restructuring.

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ECJ on Art. 82 GDPR: No compensation without damage!

In its judgment of 4 May 2023, the ECJ (C-300/21) clarified that a non-material claim for damages under data protection law requires proof of specific and causal harm. A materiality threshold for claiming damages in national law is not permissible. The procedural rules for the judicial assess-ment of damages are governed by national law. What partly sounds self-evident has so far been decided inconsistently by German courts and has led to much discussion in the legal literature. Until now, it has been unclear when a non-material claim for damages exists under the GDPR. However, further legal questions on damages remain open.

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Oppenhoff advises Krauss-Maffei Wegmann (KMW) in dispute with Rheinmetall

Oppenhoff has advised and represented its long-standing client KMW in a dispute concerning statements made by Armin Papperger, CEO of Rheinmetall AG. The high-profile proceedings before the Munich I Regional Court concerned how certain statements made by Papperger in an interview with the Neue Zürcher Zeitung on 15 March 2023 were to be understood.

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Antitrust Law and Merger Control02.05.2023 Newsletter

Of Teeth and Claws: the draft bill of the 11th amendment to the German Act against Restraints of Competition

Following the publication of an initial draft (German version only) by the Federal Ministry of Economic Affairs and Climate Action (BMWK) about an amendment to the German Act against Restraints of Competition (11th ARC amendment) in September of last year, Germany’s Federal Government on April 5, 2023 passed a corresponding government draft bill (German version only) ("ARC-D") to tighten up the German Competition Act. The supporters of the amendment do not skip using combative metaphors: one speaks of "antitrust law with claws and teeth" or a "competition authority having a punch". We give you an overview of how the lawmaker will sharpen the "teeth" of the German Federal Cartel Office (FCO).

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German Federal Fiscal Court about corporate succession: caution still required in case of full exemption

Last year, the German Federal Fiscal Court [Bundesfinanzhof, BFH] ruled that when companies are transferred to the next generation, an application for so-called full exemption can be made for each individual transferred company (= economic unit). It thus rejected the previous view held by the tax authorities (ruling dated 26 July 2022 - II R 25/20).

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Oppenhoff advises BMV Group on restructuring and acquisition of von den Hoff Group

Oppenhoff has advised the BMV Group on its realignment and acquisition of the von den Hoff Group. The von den Hoff companies will be taken over by a newly founded subsidiary, BMV Holding GmbH & Co. KG.

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Oppenhoff advises EIC Fund on investment in tech start-up enote

Oppenhoff has once again comprehensively advised the EIC Fund on its investments in Germany. This time, the EIC Fund invested together with Dieter von Holzbrink Ventures (DvH Ventures) and the Rudolf Fuchs Family Office in a Series A financing round in the tech start-up enote GmbH.

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Energy and Infrastructure17.04.2023 Newsletter

Green hydrogen: Chilean authorities set uniform environmental impact criteria and publish tender for electrolyser production in Chile

The Chilean Environmental Impact Assessment Service (“Servicio de Evaluación Ambiental”, SEA) published a 34-page document on 29 March 2023 that sets out new criteria for assessing the environmental impact of green hydrogen production projects.

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Oppenhoff advises EIC Fund on investment in tech start-up Nyris

Oppenhoff has once again comprehensively advised the EIC Fund on its investments in Germany. This time, the company invested in the tech start-up Nyris GmbH.

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The energy pulse: First hastily stitched together and now being touched up? - German government's Easter draft amendment to the energy price brakes

The first two sentences of the draft act amending the energy price brakes published on 5 April 2023 already indicate that this is unlikely to be the last amendment to the Gas and Heat Price Brake Act (Erdgas-Wärme-Preisbremsengesetz, EWPBG) and the Electricity Price Brake Act (Strompreisbremsegesetz, StromPBG). It describes the price brakes as having been "drafted and put into effect in the last quarter of 2022 within a very short time." In light of initial experience gained with the acts’ implementation, "various adjustment requirements, mainly of a technical and editorial nature, have been identified".

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Failure to provide information about personal data can be costly

If an employee of a company wishes to obtain information about their processed personal data and the company fails to comply, this can potentially be costly. In this context, the German Federal Labour Court [Bundesarbeitsgericht, BAG] was also against an obligation to represent and prove the concrete occurrence of damage in the event of a failure to provide information. A final decision by the ECJ is pending, however. We explain what companies need to watch out for in this connection.

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Oppenhoff advises shareholders of Hermann Maschinenbautechnologie on investment by VORSPRUNG

Oppenhoff has advised the shareholders of Hermann GmbH Maschinenbautechnologie (HemaTec), Germany's leading manufacturer in the field of hydraulic steel engineering, on the investment by the financial investor VORSPRUNG. The sellers are remaining on board and, together with the investor, will expand HemaTec's pioneering role in hydraulic steel engineering.

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IT Law and Data Protection29.03.2023 Newsletter

Focus IT&C – 1st Quarter 2023

Find out more about our IT law & data protection practice group - now regularly summarised for you at a glance! Enjoy reading!

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Oppenhoff advises MRH Trowe on investment from TA Associates

Oppenhoff advised the industrial insurance broker MRH Trowe on the minority investment by private equity investor TA Associates. The transaction is subject to EU merger control clearance.

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Oppenhoff advises EAM Group on the acquisition of Landgraf Energietechnik

Oppenhoff advised the Kassel-based EAM Group on the acquisition of Landgraf Energietechnik GmbH. As a future subsidiary of the EAM Group, Landgraf Energietechnik, which was previously family-owned, will contribute its comprehensive expertise in the areas of sanitary, heating and air conditioning.

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German Federal Fiscal Court: no limited inheritance tax liability in case of an acquisition of a domestic real estate by bequest

The German Federal Fiscal Court (Bundesfinanzhof, BFH) ruled on 23 November 2022 that real estate located in Germany can be transferred tax-free by way of foreign bequest if neither the testator nor the beneficiary have their domicile or habitual residence in Germany. In the case of German nationals, an additional prerequisite is that they already gave up their domicile or habitual residence in Germany over five years ago.

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Employment Law20.03.2023 Newsletter

Focus on Labour Law 1st Quarter 2023

The new Focus on Labor Law: We provide information on the BAG's decision on the recording of working hours, the ruling of Germany's highest labor court on equal pay for men and women, the current status of the Whistleblower Protection Act, the statutory co-determination of employees in the event of a cross-border change of legal form and the cross-border splitting of companies, as well as on the perennial topic of "workation".

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Insolvency and Restructuring16.03.2023 Newsletter

Insolvency & restructuring: Oppenhoff advises before, during and after a crisis

Corporate insolvencies with major consequences, complex restructuring processes and “protective shield” proceedings - many companies are currently in or are facing a crisis. Cases such as Galeria Karstadt Kaufhof demonstrate that insolvencies can also indirectly affect a great many companies, with suppliers fearing for their customers and manufacturers struggling with insolvency. Particularly affected: the automotive sector, energy-intensive industries, the care sector, retail and the clothing industry. Existing or impending crises require the right experts.

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Real Estate Law14.03.2023 News

Oppenhoff advises Bethmann on new lease of Bethmannhof in Frankfurt

Oppenhoff has advised Bethmann Liegenschafts KG on the leasing of the Bethmannhof in Frankfurt. The new tenant of the 7,000 square meter complex opposite Frankfurt's Paulskirche will be the creative center Massif Central.

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Private Clients07.03.2023 Newsletter

German Federal Fiscal Court: capital gains on cryptocurrencies are taxable

The German Federal Fiscal Court [Bundesfinanzhof, BFH] has published the first ruling on the taxation of virtual currencies. With its decision of 14 February 2023, it clarifies that capital gains realised by a taxpayer within one year from the sale or exchange of cryptocurrencies such as Bitcoin, Ethereum and Monero are subject to income tax as a private sales transaction.

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Julia Witte

Julia Witte

Communications Manager

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