News

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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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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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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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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Oppenhoff has advised the DEPPE Group on a joint venture with Fahrzeug-Werke LUEG AG regarding the recycling of batteries.

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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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The number of so-called “lasting powers of attorney” (Vorsorgevollmacht) in Germany has been rising steadily for years. Nevertheless, the number of people under guardianship due to illness or physical infirmity is increasing. The German Act to Reform Guardianship Law [Gesetz zur Reform des Vormundschafts- und Betreuungsrechts] now aims to strengthen the rights of people who are no longer able to manage their own affairs.

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The European competition authorities and the EU Commission are taking account of the special circumstances of the Corona crisis. Here are the key points.

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The German Federal Cartel Office [Bundeskartellamt] has given the go-ahead for the launch of the digital trading platform "Unamera". The platform is intended to facilitate trade in agricultural products (especially for grains and oilseeds) between agricultural traders and farmers as well as processors. However, certain structural conditions must be met.

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In Germany, cases of the novel coronavirus have now been detected in 10 of the 16 federal states. Numerous companies are restricting or even suspending international business travel. Several events have been cancelled or postponed. At a machine manufacturer in southern Germany, because one of its employees is infected with the SARS-CoV-2 virus, all of the subsidiaries have now also been closed until Wednesday. In our Newsflash we have compiled the most important questions and answers for companies dealing with the spread of the virus.

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On 7 February 2020, the District Court of Munich I has rejected the up to now most extensive civil damage claim concerning the truck cartel (reference 37 O 18934/17). The judgment has put a severe damper on the business model of the legal service provider Financialright.

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Oppenhoff & Partner has provided comprehensive legal advice to the Munich-based private equity fund Family Trust Beteiligungsholding (FTI) on the acquisition of the Dietsch Polstermöbel Group based in Schmalkalden.

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Oppenhoff & Partner has restructured its management as of 1 January 2020: a new Executive Board (EB) unites the previous Board of Partners and Management Committee.

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With effect from 1 January 2020, Oppenhoff & Partner has included Marc Krischer, LL.M. (tax law), Dr. Christoph Niemeyer, Dr. Markus Rasner (corporate law/M&A), Dr. Axel Wenzel, LL.M. (corporate law/succession, wealth & foundations) and Dr. Alexander Willemsen (employment law) in its circle of shareholders. Dr. Hanna Schmidt (IT&C) was made junior partner. The career steps follow the lawyers' contributions to sustainable client success in important growth areas.

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Oppenhoff & Partner has gained Dr. Gregor Seikel to further expand the corporate real estate and private clients practice groups. The corporate lawyer will be joining as a partner of Oppenhoff’s Frankfurt office on 1 January 2020.

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Oppenhoff & Partner has advised K1 Immobilien GmbH on the sale of the Lifestyle Centre “K1 Karree” in Mannheim to H.I.G. Capital. With its construction volume of 11,500 m², the mixed-use commercial property is one of the largest inner-city construction projects of recent years in Mannheim.

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The leading commercial law firm Oppenhoff continues to be highly recommended by in-house counsel in Germany. These are the findings of the study "Kanzleimonitor 2019/2020", which was conducted in over 800 legal departments. The participants made more than 8,000 recommendations, spread over 32 different fields of law.

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Oppenhoff & Partner has advised Frankfurt-based private equity fund Finatem on its acquisition of the Food & Service Group, Mülheim a.d. Ruhr. Oppenhoff’s services comprised, inter alia, the legal and tax due diligence as well as the legal and tax structuring of the transaction.

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Oppenhoff & Partner has been named Law Firm of the Year 2019 in the West at the JUVE Awards. With the annual awards, the editorial staff of the renowned industry publishing house honours commercial law firms that have attracted special attention as being particularly dynamic due to their client work and market position.

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Oppenhoff & Partner has advised the CCE Group on the realisation of the 87 MWp solar park "La Huella" in northern Chile. Oppenhoff advised on the contracts for the construction, operation and maintenance of the solar park (EPC and O&M contracts) and supported the negotiations with the contractor via its Latin America Desk.

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Industry 4.0, online contracts for insurance policyholders, recall risks for wearables or the management of rights via the blockchain. The Digital Academy offers legal and specialist departments training in concrete projects in the field of digitisation in personal meetings or interactive online sessions.

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Oppenhoff & Partner prepares German country report for European Commission study.

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Oppenhoff & Partner has been nominated as Law Firm of the Year for Employment Law, Law Firm of the Year for Compliance and Law Firm of the Year for M&A by the renowned JUVE publishing house for the legal sector. No law firm has received more nominations for the "JUVE Awards" to be announced at the end of October in Frankfurt. With the Awards, the editorial staff honours law firms and legal departments for their outstanding work and their positive, dynamic development. The basis for all nominations is the extensive work carried out by the editorial team, which evaluates information gleaned from many discussions with and written questionnaires completed by clients, partners, junior lawyers and judges.

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Oppenhoff & Partner has advised the Zurich Group Germany on the assumption of 100 percent of the shares in the Berlin startup dentolo Deutschland GmbH for its direct insurer DA Direkt.

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Oppenhoff & Partner advised Beta Systems Software AG on the acquisition of the HABEL / Akzentum Group via its subsidiary PROXESS Holding GmbH. The purchase price amounts to more than 10 million Euro.

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