News

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.

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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.

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Unsere Arbeitsrechtsexperten Isabel Hexel und Johannes Peter Kaesbach haben das deutsche Kapitel für den IEL Guide to Whistleblowing verfasst.

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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.

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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.

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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).

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The European Commission submitted a proposal for a new directive on corporate sustainability requirements to the European Union in Brussels on 23 February 2022 (so-called "Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937"). Its purpose is to promote sustainable business behaviour in relation to supply chains, especially in activities with an impact on human rights and the environment.

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On 8 April 2022, for the first time since the start of the Ukraine war, the EU issued prohibitions on awarding and performing public contracts and concessions. The bans entered into force as part of the fifth package of sanctions against Russia and are applicable directly.

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Oppenhoff has advised the world's leading cable manufacturer Prysmian S.p.A. on its first sustainability-linked loan in the amount of €1.2 billion. The loan was provided by a consortium of Italian and international banks.

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The Düsseldorf Regional Court has ruled that, under certain circumstances, an insurance broker must accept being attributed with the unfair conduct of an advertising agency commissioned by him (judgement of 16 June 2021, 12 O 10/21).

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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.

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At the end of June, the German Federal Ministry of Economics and Climate Protection declared the alert level ("Alarmstufe") of the German Gas Emergency Plan - there is great concern about a gas supply stop and corresponding reductions. If the BMWK declares the emergency level, companies would basically be affected first. The strains will run through the entire supply chain. We have summarized what you can do to best prepare yourself. Our experts are always available for an in-depth discussion on these and other points.

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The EU Commission adopted another package of sanctions on 21 July 2022. The measures include new import bans, expanded restrictions on the export of certain sensitive technologies, as well as adjustments and corrections to existing bans and exemptions.

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On 30 June 2022, the Council of the European Union and the EU Parliament agreed on the draft regulation proposed by the EU Commission on distortive foreign subsidies. Based on this agreement, the new regulation could already enter into force this year. Due to the introduction of a new mandatory screening mechanism, the regulation will have a considerable impact on transaction practice in M&A processes and in procurement procedures.

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In the second half of this year there are once again going to be important labour law reforms that will keep HR departments on their toes. We have summarised the most important innovations for you in this Focus on Labour Law. We also report on a multitude of other important decisions of the labour courts of relevance to company HR work.

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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.

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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.

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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.

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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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