10.12.2021 Newsletter

The new lobby register for more transparency - who does it affect and what needs to be done?

The lobby register is coming! The German Bundestag is introducing it on 1 January 2022, after which all lobbyists vis-à-vis the Bundestag and the Federal Government will have to register without delay. What exactly is a lobby and who does it affect? Could my company also be affected?

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Employment Law09.12.2021 Newsletter

Home office: claim against the statutory accident insurance

The statutory accident insurance covers the “journey” to work in the home office. This was already the case before the new version of § 8 German Social Code Book VII [Sozialgesetzbuch VII - SGB VII], according to the Federal Social Court [Bundessozialgericht - BSG] yesterday (ruling of 8 December 2021 - docket No. B 2 U 4/21 R).

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Employment Law08.12.2021 Newsletter

Coalition agreement & labour law: fixed-term employment relationships:

On 24 November 2021, the new coalition agreement of the forthcoming government of SPD, Bündnis90/Die Grünen and FDP was published. In the form of a short series, we would like to inform you of the statements contained in the coalition agreement on labour law issues and the concrete effects of the plans. Today’s topic: fixed-term employment relationships.

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07.12.2021 Newsletter

Coalition Agreement: soon codetermined? The “traffic light” coalition paves the way for an extension of corporate codetermination

On 7 December 2021, the SPD, Bündnis 90/Die Grünen and the FDP signed the Coalition Agreement entitled “Dare more progress – an alliance for freedom, justice and sustainability”. The 178-page programme of the future government envisages numerous amendments to cor-porate and commercial law, amongst other things a significant extension of the statutory obli-gation of enterprises to establish a supervisory board that comprises employee representatives (corporate codetermination).

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Private Equity01.12.2021 Newsletter

Coalition agreement: How are start-ups and venture capital financing to be promoted?

Almost two months were spent exploring options and negotiating. On 24 November 2021, the party leaders of the SPD, Bündnis 90/Die Grünen and FDP presented their coalition agreement entitled "Dare more progress". It is going to usher in a "decade of innovations". A modern funding policy is to make Germany Europe's No. 1 start-up nation. What can we expect from the new Federal Government's "comprehensive start-up strategy"?

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30.11.2021 Newsletter

Coalition negotiations: what are the plans of the new coalition?

The motto of the new coalition agreement is "Dare to make more progress - an alliance for freedom, justice and sustainability". After about five weeks, the SPD, Bündnis 90/Die Grünen and the FDP agreed on a joint coalition agreement on 24 November 2021. This paves the way for a change of government. Below, we are briefly summaris-ing important plans that are certain to have an impact on the German economy.

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Retail and Consumer Goods30.11.2021 Newsletter

Not good prospects for (online) traders: tightening of competition and consumer protection law

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).

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30.11.2021 Publication

BGH hears case on Corona closures: Must renters pay full rent?

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.

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Aerospace and Defence29.11.2021 Newsletter

German Federal Election 2021: What plans does the new coalition have on armaments and defence?

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.

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Oppenhoff advises MRH Trowe on debt financing from Bain Capital Credit

Oppenhoff advised MRH Trowe group, a leading industrial insurance broker in Germany, on its first international third party debt financing.

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Oppenhoff advises Transition Evergreen on the acquisition of C4 Energie Group

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.

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23.11.2021 Newsletter

Competition Register: BMWi heralds final phase

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].

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IT Law and Data Protection22.11.2021 Newsletter

Online Platforms: Does my website comply with the legal requirements?

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.

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Antitrust law as a spoiler for sustainability initiatives?

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?

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Employment Law18.11.2021 Newsletter

What the upcoming amendment of the German Infection Protection Act (IfSG) mean for employers

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.

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17.11.2021 News

Frequently recommended by in-house lawyers: Oppenhoff climbs to 4th place in Kanzleimonitor’s overall ranking

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.

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Retail and Consumer Goods16.11.2021 News

Supply bottlenecks: rights and claims of retailers and online traders

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.

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Retail and Consumer Goods16.11.2021 Newsletter

Omnibus Directive: further notification obligations and easier termination options strengthen consumer protection

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.

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Oppenhoff advises SWARCO on acquisition of Dynniq Mobility

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.

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04.11.2021 News

JUVE Awards 2021: Oppenhoff Law Firm of the Year for Company/Succession/Trusts

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.

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Retail and Consumer Goods04.11.2021 Newsletter

Modernisation of consumer protection: obligations to provide information, fines and damages

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.

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Compliance03.11.2021 Newsletter

FISG: effects on supervisory boards and the composition of the audit committee

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).

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Automotive and Mobility02.11.2021 News

Oppenhoff advises German Association of the Automotive Industry on the implementation of a sustainability standard for the automotive industry

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.

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26.10.2021 News

Oppenhoff advises majority shareholder of Telexiom on sale of company

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.

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Compliance21.10.2021 Newsletter

In-house lawyers as obligated parties under the GwG

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.

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Julia Witte

Julia Witte

Communications Manager

Konrad-Adenauer-Ufer 23
50668 Cologne
T +49 221 2091 342