News

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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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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Shortly after the Digital Markets Act ("DMA") was activated at the beginning of March, the EU-Commission is already flexing its muscles: On 25 March 2024, the EU-Commission opened a total of five investigations against the three companies Alphabet, Apple and Meta classified as "gatekeepers" on suspicion of inadequate implementation of the obligations imposed on them by the DMA. The gatekeepers now face substantial fines. In addition, affected companies and users could actively claim their DMA rights and, if necessary, enforce them in court.

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

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Labour law is currently showing its most dynamic side: On 13 March 2024, the European Parliament adopted the world's first statutory regulation on artificial intelligence (AI). The AI Regulation provides the legal framework for the future use of AI in Europe and ensures that manufacturers and users of AI systems respect fundamental rights, security and ethical principles in the European Union. The use of AI has long been a concern for companies in almost all sectors. It was therefore only a matter of time before the first court ruling on labour law issues relating to the use of AI was pronounced.

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One of the reform projects in the UK aims to abolish remittance basis taxation and replace it with a system designed to boost investment and consumption in the UK. This move could affect millions of taxpayers who do not live only in the UK and who earn income outside the UK.

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The European legal framework for due diligence obligations in supply chains is now likely to come in a watered-down version. In the Council of the European Union, the majority of EU member states have agreed on a directive on supply chain compliance (Corporate Sustainability Due Diligence Directive/ CSDDD or CS3D for short) after initially failing to reach agreement at the European level.

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The EU Parliament adopted the AI Act on Wednesday, 13 March 2024. It now only needs to be confirmed by the Council. The AI Act could therefore come into force in June 2024. Many provisions have been postponed in the EU Parliament's revised version. This makes it all the more worthwhile to take a closer look at the updated text of the regulation.

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The EU is moving forward with ESG regulation. In the future, the ban on products manufactured using forced labor will prevent products manufactured using forced labor from being placed and made available on the EU market or exported from the EU.

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Oppenhoff gains Dr. Barnim von den Steinen as a new corporate partner for the Frankfurt office. He transferred from Rotthege on 1 March 2024.

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