Retail and Consumer Goods30.11.2021 Newsletter
The EU is committed to consumer protection. A fundamental change is also on the horizon in the German (online) retail sector. This is not great news for companies. In order to implement the so-called "Omnibus Directive" (EU/2019/2161), the Bundestag passed two laws to strengthen consumer protection on 10 August 2021 (German Federal Gazette [Bundesgesetzblatt - BGBl.] Part 1 No. 53).
In the first lockdown, the authorities ordered the closure of some shops. For the first time, the BGH is dealing with the question of whether tenants nevertheless have to pay the full rent. Marc Alexander Häger and Marvin Rochner venture a prognosis.
Aerospace and Defence29.11.2021 Newsletter
The SPD, Bündnis 90/Die Grünen and FDP have been negotiating for about five weeks. On 24 November 2021, the ‘traffic light’ coalition jointly published its coalition agreement. Innovations are also envisaged in the armaments and defence sector. So what can we expect from the new government? We have summarised the most important points for you.
Oppenhoff advised MRH Trowe group, a leading industrial insurance broker in Germany, on its first international third party debt financing.
Oppenhoff has advised the French investor Transition Evergreen on the acquisition of C4 Energie Group, consisting of C4 Energie AG and 16 affiliated companies, from its founders.
The time has finally come: data can be transmitted electronically to the Competition Register. On 29 October 2021, the German Federal Ministry of Economics and Technology [Bun-deswirtschaftsministerium – BMWi] gave its go-ahead in the German Federal Gazette [Bun-desanzeiger].
IT Law and Data Protection22.11.2021 Newsletter
Online platforms are subject to a number of regulatory requirements. New regulations not only come from Brussels, but also from Berlin. Besides general regulations for online platforms, there are numerous special regulations, e.g. for streaming platforms, social media. Read here which regulations are important for your website.
There is no alternative to sustainable management: The EU wants to achieve climate neutrality by 2050 with its "Green Deal". Sustainability initiatives are effective if they find the broadest possible acceptance in the respective industry. To achieve this, companies must work together and agree on uniform standards. This raises questions under antitrust law: How closely may competitors cooperate? When are the "red lines" crossed? Is it even permissible to forge a cartel for the good of the environment?
Employment Law18.11.2021 Newsletter
During the course of the COVID 19 pandemic, the legislator has enacted countless provisions providing a legal basis for measures to combat the pandemic. Several of these provisions are linked to an "epidemic situation of national importance". However, this ends with the expiry of 25 November 2021. Therefore, the Bundestag passed the new Infection Protection Act of the so-called “traffic light” parties, the approval of which will be discussed by the Bundesrat today, on 19 November 2021. Once it enters into force, the new regulations of the Infection Protection Act are to initially apply until 19 March 2022.
Oppenhoff has achieved 4th place in the overall ranking of the law firm monitor Kanzleimonitor 2021/2022. Oppenhoff has thus climbed three places since last year.
Retail and Consumer Goods16.11.2021 News
Global supply chains are groaning. Corona crisis, semiconductor bottleneck, container shortage, congestion at ports - all this has created supply shortages and is currently having a severe impact on trade. Disputes between producers, traders, transporters and end consumers are not uncommon. Our experts are taking a look at the current legal issues affecting trade.
Retail and Consumer Goods16.11.2021 Newsletter
Shortly before the end of the last legislative period, the German legislator passed several consumer protection laws. Stationary traders, online traders and operators of online marketplaces must implement several changes. Simon Sawert explains where action is needed.
Oppenhoff has advised SWARCO AG on the acquisition of the Mobility division of the Dynniq Group, coordinating the work of foreign law firms in nine jurisdictions.
Oppenhoff has been named Law Firm of the Year for the area of Company/Succession/Trusts at this year's JUVE Awards. This is in recognition of the outstanding development of the practice and the team led by Dr. Axel Wenzel. Oppenhoff was also nominated in no less than three categories this year: Compliance, Media & Technology and Law Firm of the Year.
Retail and Consumer Goods04.11.2021 Newsletter
Driven by digitisation, consumer protection is currently being modernised: in August 2021, two further new legislative amendments were promulgated. These will come into force on 28 May 2022. Previously, in June 2021, amendments were promulgated, which particularly affected purchase law. Below, we explain the impact the new legislative amendments will have on traders and what preparatory steps they can already take.
In July of this year, the German Act on the Strengthening of Financial Market Integrity (Gesetz zur Stärkung der Finanzmarktintegrität), or “FISG” for short, came into force. With this, the legislator wishes to strengthen confidence in the German financial market again, especially after the so-called Wirecard scandal. To this end, the FISG envisages a large number of measures, including the legal obligation of listed stock corporations to establish an internal control system (ICS) and risk management system (RMS), the strengthening of the independence and tightening of the liability of annual accounts’ auditors, and the extension of the powers of the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin).
Automotive and Mobility02.11.2021 News
Oppenhoff has advised the German Association of the Automotive Industry e.V. (Verband der Automobilindustrie e.V. - VDA) on the foundation of the Responsible Supply Chain Initiative (RSCI) e.V. Together with manufacturers, suppliers and other associations, the VDA is developing a voluntary, standardised testing mechanism to evaluate the sustainability performance of companies in automotive supply chains.
Oppenhoff has advised the majority shareholder of the IT consulting company Telexiom AG on the sale of all shares in the company to the US competitor Qualitest Group. The majority shareholder also represented the other shareholders in the sale of their shares.
For a long time, it was unclear to what extent in-house lawyers are ‘obligated parties’ within the meaning of the German Money Laundering Act (Geldwäschegesetz - GwG). On 1 January 2020, the legislator introduced the new Sec. 10 (8a) GwG, which explicitly names in-house lawyers as obligated parties for the first time, thus clarifying that in-house lawyers are also addressees of the obligations under money laundering law. However, there is still a lack of clarity on many points as far as the exact scope of the obligations of in-house lawyers are concerned. Companies and in-house lawyers affected by this need to review their specific obligations under the GwG as soon as possible if they are to avoid fines for violations of its obligations.
Employment Law18.10.2021 Newsletter
On Friday, 15.10.2021, new election regulations for the election of the works council and the youth and trainee representation have come into force. This means that the amendments of the Works Council Constitution Act (“Betriebsverfassungsgesetz”, BetrVG) already in force since 18.06.2021 as a result of the “Betriebsrätemodernisierungsgesetz” (Works Council Modernization Act) have been transported by the ordinance amending the election regulations, the election regulations for maritime shipping and the ordinance on the conduct of works council elections at postal companies into the election regulations. We have summarized the changes to the election regulations for you below.
Intellectual Property Law14.10.2021 News
Oppenhoff has advised the e-sports company Rush Entertainment AG on legal issues relating to the development of its brand presence, including the launch of the modern e-sports entertainment and community platform RUSH.GG. Rush Entertainment was recently founded by the managers of the agency STARK Esports GmbH.
Employment Law14.10.2021 Newsletter
Yesterday, the Federal Labour Court (BAG) ruled that a „mini-jobber“ cannot demand a wage if the business was closed on grounds of a corona-related general decree. The decision is to be welcomed. However, the details of the case do not allow too many generalisations to be made with respect to all companies. Furthermore, the swift pace at which the proceedings were conducted would suggest that the last word has not yet been spoken on this issue.
Oppenhoff has advised Schoofs Immobilien GmbH Frankfurt on the sale of six food markets which are currently under construction to Habona Invest GmbH. The sale, valued at €37 million, was carried out as a forward deal.
Many employers are taking advantage of the ongoing development of electric and hybrid vehicles to break new ground when it comes to company cars. Employers can make a visible contribution to reducing emissions and simultaneously retain and attract climate-conscious employees.
Employment Law05.10.2021 Newsletter
When French employees are posted to Germany by their employer, the provisions of European law on the posting of employees have to be observed. The revised European Posting of Workers Directive was transposed into German law on 30 July 2020 with the reformed German Act on the Posting of Workers [Arbeitnehmerentsendegesetz - AEntG]. Since then, the regulations for posting workers have become even stricter. Violations of the relevant requirements can result in fines. It is therefore worth taking a new look at the essential provisions.