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Energy and InfrastructureForeign Trade / Public Law / Regulatory / Energy Law16.09.2022 Newsletter
Operation of critical infrastructures and public security - Federal Government places Rosneft Deutschland under trusteeship
The Federal Government, through the Federal Ministry of Economic Affairs and Climate Action, placed Rosneft Deutschland and RN Refining & Marketing GmbH under the trusteeship of the Federal Network Agency . This is the first time that the BMWK has used a new legal basis anchored in the German Energy Security Act to avert risks in connection with the operation of critical infrastructures in the energy sector.
Employment Law13.09.2022 Newsletter
Electronic time recording - Federal Labour Court creates clarity and uncertainty at the same time
The works council has no right of initiative regarding the introduction of time recording systems in the company. As expected, the Federal Labour Court [Bundesarbeitsgericht, BAG] confirmed its previous case law today (decision of 13 September 2022 - 1 ABR 22/21). At the same time, the BAG's decision has caused a sensation in the discussion on the recording of working hours: according to the Erfurt judges, if the German Occupational Health and Safety Act [Arbeitsschutzgesetz, ArbSchG] is interpreted in conformity with Union law, employers are currently already obliged to record employees' working hours.
Energy and Infrastructure08.09.2022 Publication
Energy sector: large gas consumers need a contingency plan
Although emergency plans, risk plans and safety laws have also existed for a long time in the energy sector, they have not been relevant to date because there was no acute risk situation. However, a crisis of unprecedented proportions is becoming increasingly likely - and is therefore causing a great deal of uncertainty in the market. More than ever, in-house counsel are being called upon to find solutions with their partners in law firms. Carmen Schneider, energy law ex-pert and partner at the law firm of Oppenhoff, therefore urgently recommends taking appropriate preventive measures.
Antitrust Law and Merger Control07.09.2022 Newsletter
German Federal Cartel Office allows cooperation between competitors in the event of a gas supply emergency – under certain conditions
According to a press release dated September 6, 2022, the German Federal Cartel Office has no objections against a production cooperation among German sugar producers to mitigate a possible gas shortage. The decision is driven by the current geopolitical situation and has cross-industry significance.
Energy and Infrastructure07.09.2022 Publication
Is the CO2 border adjustment legally compliant?
A proposal drafted by the EU Commission for a CO2 limit compensation scheme will result in rising costs for manufacturing companies and is meeting with criticism. Holger Hofmann and Carsten Bormann find out what is being discussed.
06.09.2022 News
Also in 2022, Walter Oppenhoff Foundation awards scholarships for outstanding young lawyers
The Walter Oppenhoff Foundation is once again awarding two scholarships for LL.M. studies in the USA this year, thus supporting the extraordinary legal achievements of the two scholarship holders. The Foundation was established in 1996 on the occasion of the 90th birthday of Dr. Walter Oppenhoff, namesake of the commercial law firm Oppenhoff, and supports the international education of German lawyers.
Private ClientsSuccession, Wealth and Foundations06.09.2022 Newsletter
Federal Court of Justice on maintenance law in divorces of international marriages
When an international marriage is divorced, the question arises as to which maintenance law applies. Normally, the law of the country in which the person entitled to maintenance is habitually resident applies. This only is not the case if the law of another country had, in an exceptional case, a closer connection to the marriage or if the couple made a corresponding choice of law.
Foreign Trade / Compliance & Internal Investigations31.08.2022 Newsletter
Ukraine war: Applicable sanctions at a glance
Since the beginning of the Russian war of aggression against Ukraine, the EU and the US have imposed countless sanctions against Russia and Belarus. The EU has now issued the seventh package of sanctions. The multitude of regulations and dynamic develop-ments have raised a wide range of questions for companies. We are providing you with an overview of the sanctions imposed by the EU so far. Regulations (EU) 833/2014 and (EU) 269/2014 are relevant in this respect.
Employment Law25.08.2022 Newsletter
Impending energy crisis: mandatory energy conservation as of 1 September 2022
The emerging energy crisis forces us all to take action: yesterday, the German Federal Cabinet approved two ordinances on energy conservation presented by Habeck, Germany’s Federal Minister of Economics. The ordinances specifically stipulate that not only public entities, but all companies, are required to save gas and electricity. The first measures become mandatory as of 1 September 2022. Annabelle Marceau and Jörn Kuhn explain the labour law implications of the two ordinances.
InsuranceCorporate Insurance23.08.2022 Newsletter
Frankfurt Higher Regional Court: insurance brokers may be obliged to draw attention to exclusions of cover
An insurance broker may in exceptional cases be obliged to draw an insured party’s attention to certain exclusions of cover. This was confirmed by the Higher Regional Court [Oberlandesgericht - OLG] of Frankfurt.
Employment Law / Compliance & Internal Investigations23.08.2022 Newsletter
Compliance risk: excessive remuneration of works council members constitutes a criminal act of breach of trust
Last year, by judgement dated 28 September 2021 (16 KLs 406 Js 59398/16 inter alia), the Regional Court [Landgericht, LG] of Braunschweig acquitted four high-ranking managers of the VW Group of the charge of breach of trust due to excessive works council remuneration. However, it is clear from the recently published reasons for the judgement that the judges nevertheless considered the objective fact for constituting a breach of trust pursuant to Sec. 266 (1) of the German Criminal Code [Strafgesetzbuch, StGB] to have been fulfilled.
Compliance & Internal Investigations19.08.2022 Publication
IEL Guide to Whistleblowing - Germany
Unsere Arbeitsrechtsexperten Isabel Hexel und Johannes Peter Kaesbach haben das deutsche Kapitel für den IEL Guide to Whistleblowing verfasst.
Employment Law17.08.2022 Newsletter
Foreign postings in the context of the amended German Act on Proof of Working Conditions and the EU Working Conditions Directive
Everyone is currently talking about the implementation of the EU Working Conditions Directive in the German Act on Proof of Working Conditions Governing an Employment Relationship [Nachweisgesetz, NachwG]. The new obligations to provide information and proof also affect employee postings abroad. Companies will therefore also have to take action in this respect, which we have summarised below.
Retail and Consumer Goods12.08.2022 Newsletter
Innovations in e-commerce: distribution-related antitrust law and gatekeepers
Antitrust law currently entails innovations for e-commerce on an almost daily basis. Besides the advancing regulation of gatekeepers, the "rules of the game" of distribution-related antitrust law have also been modernised.
Private ClientsSuccession, Wealth and Foundations11.08.2022 Newsletter
BGH: Application of German law on compulsory portions despite choice of law in favour of English law
In its judgement of 29 June 2022 (Case No. IV ZR 110/21), the Bundesgerichtshof ruled that the application of English inheritance law based on a choice of law in the testamentary disposition is contrary to German ordre public if this deprives children of their entitlement to a compulsory por-tion independent of their needs and there is a sufficient domestic connection. The BGH thus con-firms the previous decision of the Higher Regional Court of Cologne (judgement of 22 April 2021 - 24 U 77/20, ZEV 2021, 698).
Private ClientsSuccession, Wealth and Foundations29.07.2022 Newsletter
BGH: invalidity of a gift if the giver can be easily influenced or shows a weakness of will
In cases in which the claimant names concrete indications to the effect that he may have been legally incapacitated when making a gift, an expert opinion definitely has to be obtained by the adjudicating court. The German Federal Court of Justice [Bundesgerichtshof, BGH] determined this in its ruling of 26 April 2022 – X ZR 3/20 - and thus overturned the previous decision of the Higher Regional Court [Oberlandesgericht, OLG] of Cologne of 18 December 2019 - I-25 U 14/19 - and referred the matter back to the previous instance. The BGH pointed out that, even without any legal incapacity, the state of a weakness of will or ability to be easily influenced could also justify a nullity on grounds of immorality, if this state was deliberately and purposefully exploited by the recipient of the gift. This is because the immorality can also result from the behaviour and motives of the recipient of the gift.
IT Law and Data Protection20.11.2020 Newsletter
Agreement on a new Dual-use Regulation
On 9 November 2020, the European Council and the European Parliament agreed on new regulations for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. Since the Dual-use Regulation came into force in 2009, it has already been amended several times. The list of controlled items was adjusted annually. As early as in 2016, it became clear that the existing regulation would have to be adapted to the rapid technological, economic and political changes. After years of discussions by the EU Council and EU Parliament, an amendment to the Dual-use Regulation is now within reach. The final draft of this agreement has now been published.
InsuranceCorporate Law / Mergers & Acquisitions06.11.2020Cologne News
Oppenhoff advises VHV on the acquisition of the digital service provider Eucon
Oppenhoff has advised VHV Versicherungen on the acquisition of the Eucon Group. The seller is the British private equity fund HgCapital. The parties have agreed not to disclose the purchase price.
04.11.2020 News
Oppenhoff continues to be very highly recommended by in-house counsel
The leading commercial law firm Oppenhoff & Partner continues to be very highly recommended by in-house counsel in Germany. These are the findings of the newly published study "Kanzleimonitor 2020/2021". In the largest study of its kind in Germany, Oppenhoff achieved seventh place in the overall ranking according to number of recommendations.
Antitrust Law and Merger Control24.03.2020 Newsletter
Joint statement by the European Competition Network (ECN) on application of competition law during the Corona crisis
The European competition authorities and the EU Commission are taking account of the special circumstances of the Corona crisis. Here are the key points.
Real Estate Law04.03.2020 Newsletter
Newsletter: German Federal Cartel Office permits operation of a digital agricultural trade platform
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.
Employment Law02.03.2020 Newsletter
Newsflash: Corona-Virus Quick Check
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.
Antitrust Law and Merger Control14.02.2020 Newsletter
Newsletter: District court rejects class action in truck cartel
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.
Energy and InfrastructureBanking and Capital Markets Law, Financing06.01.2020Cologne News
Oppenhoff advises Family Trust Investor on the acquisition of the Dietsch Polstermöbel Group
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.
06.01.2020 News
Oppenhoff & Partner restructures management
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.