News

Foreign Trade29.04.2021 Newsletter

17th Amendment of the Foreign Trade and Payments Ordinance: stricter investment screening in Germany

On 27 April 2020, the German Government approved the 17th Amendment of the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung, AWV). This entails a stricter regime of investment screening in Germany. The new rules entered into force on 1st May 2021. In order to ensure the smooth execution of already planned investments, it is essential for investors to prepare for the new procedures. We have summarised the most important points for you.

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Real Estate Law / Tax Law28.04.2021 News

Oppenhoff advises SEPHORA on leasing office space and flagship store in Düsseldorf

Oppenhoff has advised the global cosmetics chain SEPHORA on the leasing of office and retail space for its new German headquarters and a flagship store in the Schadow Arkaden in Düsseldorf.

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Oppenhoff advises AUCTUS on investment in STRANET AG and Smaser AG

Oppenhoff has advised AUCTUS on its investment in STRANET AG and Smaser AG via funds managed by AUCTUS.

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Employment Law23.04.2021 Newsletter

Update legislative changes: federal powers and home office obligation

Today, the "Fourth Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance" [Viertes Gesetz zum Schutz der Bevölkerung bei einer epidemischen Lage von nationaler Tragweite] comes into force with amendments to the German Federal Infection Protection Act [Bundesinfektionsschutzgesetz, IfSG]. Hubertus Heil has also announced an amendment to the SARS-CoV-2 Occupational Health and Safety Ordinance [SARS-CoV-2-Arbeitsschutzverordnung, SARS-CoV-2-ArbSchVO] next week. Jörn Kuhn and Annabelle Marceau summarise the adaptations and amendments.

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Employment Law23.04.2021 Newsletter

Planned innovations in the law on fixed-term contracts: regulations on contracts limited in term for no material reason and chains of fixed-term contracts are to be tightened up

On 14 April 2021, the Federal Ministry of Labour and Social Affairs presented a draft bill amending the German Part-Time Work and Fixed-Term Employment Act [Teilzeit- und Befristungsgesetz, TzBfG]. In essence, the draft restricts the limitation of the contractual term of employment agreements without material reason and so-called chains of fixed-term contracts, which are created by a succession of several fixed-term employment contracts. The amendment to the Act should enter into force on 01 January 2022.

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20.04.2021Frankfurt am Main News

Dr Markus Rasner appointed Honorary Consul of the Republic of Singapore in Frankfurt

Frankfurt am Main, 20 April 2021 – Oppenhoff partner Dr Markus Rasner has been appointed to the position of Honorary Consul of the Republic of Singapore in Frankfurt am Main.

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Tax Law20.04.2021 Newsletter

Update: Tightening of the real estate transfer tax for share deals

On 21 April 2021, the Bundestag passed a reform of the real estate transfer tax. This entails a lowering of the minimum shareholding threshold and an extension of the holding periods. Real estate transfer tax can now also be incurred in case of changes of shareholders of corporations. An entirely new feature is the introduction of a stock exchange clause. We are already informing you here about these and other innovations and their practical significance - especially for transactions that are already in progress.

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Employment Law16.04.2021 Newsletter

Corona Update Q2 2021: What employers should know about the planned new regulations

The Federal Minister of Labour, Hubertus Heil, presented the planned Second Ordinance amending the Corona Occupational Health and Safety Ordinance to the Federal Cabinet on 13 April 2021. This intends to extend the period of validity of the SARS-CoV-2 Occupational Health and Safety Ordinance up to and including 30 June 2021 and to introduce a testing offer that will be mandatory for employers.

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Against radicalisation on the internet: Oppenhoff advises Alfred Landecker Foundation on promotion of “CeMAS” think-tank

Oppenhoff has advised the Alfred Landecker Foundation as the exclusive start-up sponsor of the think-tank “CeMAS”, short for “Centre for Monitoring, Analysis and Strategy”. As a non-profit organisation, CeMAS bundles interdisciplinary expertise on topics such as conspiracy ideologies, anti-Semitism and right-wing extremism. The start-up works with an early-warning system that is unique in Germany and will enable anti-democratic trends to be identified better and earlier.

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Employment Law14.04.2021 Newsletter

Corona – update on employee testing

The decisions of the Conference of the Heads of the Government of the Federal States [Ministerpräsidentenkonferenz, MPK] have so far only included calls for companies to provide far-reaching corona rapid tests for their employees. An obligation to do so still does not exist - apart from deviating regulations for certain groups of employees in individual federal states such as Berlin, Saxony and Brandenburg. The trade associations have used wide-ranging communications to urge companies to offer their employees tests and have published corresponding notices on their websites.

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Mergers & Acquisitions / Private Equity14.04.2021 Newsletter

DEAL POINTS.

Are SPAC transactions conquering the German market? And how does the brand new restructuring law StaRUG affect M&A practice? There have also been important changes in the area of merger control: In the future, fewer transactions will have to be notified to the German Federal Cartel Office. We also report on a high-quality discussion on distressed M&A at the German Corporate M&A Congress and on new rulings by the Federal Court of Justice on the redemption of GmbH shares and on squeeze-outs.

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07.04.2021 Newsletter

Apply now: Funding for innovative AI projects

In 2019, Germany and France undertook in the "Treaty of Aachen" to improve their cooperation in the field of research and digital transformation, including artificial intelligence (AI) and breakthrough innovations. On this basis, a joint call for the funding of innovative AI projects was launched on 3 February 2021, coordinated by the French Bpifrance (Banque Publique d'Investissement) and the DLR project management organisation. "France and Germany want to be a driving force for artificial intelligence in Europe," affirmed German Economics Minister Peter Altmaier in this connection. The total funding budget is EUR 10 million in Germany and EUR 10 million in France.

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07.04.2021 Newsletter

German Competition Register Starts Operation

The new German electronic Competition Register: long planned and now ready for use. Before the Competition Register can finally go live, however, there are still final steps to be taken. Nevertheless, we are venturing a glimpse into the future and summarise the most important changes.

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Employment Law30.03.2021 Newsletter

(Mandatory) use of rapid antigen tests in companies

The approval of several rapid antigen tests as well as the expected future approval of further rapid test methods provide new opportunities in the working world, but also raise some questions. By way of a government-supported appeal, the leading associations of German industry have called on companies to offer their employees weekly self-tests or rapid tests. An obligation to do so, however, currently still does not exist.

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23.03.2021 Newsletter

For an innovative Europe: Germany and France draw up position paper for European industrial strategy

About a year ago, the European Commission published its factsheet for a new industrial strategy for a globally competitive, environmentally friendly and digital Europe. At that time, the corona pandemic had already demonstrated that new industrial value chains are essential if Europe is to remain strategically independent and competitive.

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Employment Law22.03.2021 Newsletter

Focus on Labor Law - 1st quarter 2021

It was to be expected that, due to the increased use of home offices during the pandemic, the courts would also increasingly have to deal with this form of work. Not only are issues arising directly from the use of the home office, such as employees’ reimbursement claims or employers’ recall options, the home office is also increasingly finding its way into legal assessments of unfair dismissal actions, as a decision of the Labour Court [Arbeitsgericht, ArbG] of Berlin shows. However, in our first "Labour Law Focus" of 2021 we also present other interesting decisions, such as those of the Federal Labour Court [Bundesarbeitsgericht, BAG] on "blank" dismissals or of the Regional Labour Court [Landesarbeitsgericht, LAG] of Düsseldorf on the reduction of holiday entitlement during short-time work. Of course, we also inform you as ever of important legal developments.

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Oppenhoff advises former CEO and shareholder Dietmar Axt on his withdrawal from Mustang

Oppenhoff has advised Dietmar Axt, the former CEO and shareholder of Mustang, on his withdrawal from the Baden-Württemberg textile company.

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Employment Law18.03.2021 Newsletter

Recruiting in corona times - easy game or digital challenge?

The effects of the corona pandemic are also being felt on the recruitment mar-ket. Although it appears easy to obtain personnel at first glance, unexpected hurdles seem to have become stumbling blocks for companies. Our partner Jörn Kuhn talks to Thomas Hartenfels, Director at Robert Walters, a leading international executive personnel consultant.

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Oppenhoff advises Hydro66 Group on the sale of a green data centre to Northern Data AG

Oppenhoff has advised the Canadian Hydro66 Group on the sale of a data centre complex in northern Sweden to Northern Data AG. As part of the sale, all shares in an English holding company of the Hydro66 Group were transferred, including its Swedish subsidiaries.

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Foreign Trade12.03.2021Cologne Newsletter

US export ban against German company

Non-US companies must also be aware of US export control regulations and - to the extent permitted under EU law - comply with them. The US authorities have recently demonstrated again that, when it comes to prosecuting violations, they do not stop at national borders: The US Bureau of Industry and Security (BIS) has sanctioned a medium-sized German aerospace company for alleged violations of Iran sanctions between September 2011 and July 2012 – in addition to imposing a fine, it also imposed a three-year export ban.

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New Telecommunications-Telemedia Data Protection Act: Important changes for website operators

On 10 February 2021, the Federal Cabinet agreed on a joint draft of the German Telecommunications-Telemedia Data Protection Act [Telekommunikation-Telemedien-Datenschutzgesetz, TTDSG-RegE]. The planned Act, which is to be passed shortly (the first reading in the Bundestag took place on 25 March 2021), will adapt data protection provisions from the German Telecommunications Act [Telekommunikationsgesetz, TKG] and the German Telemedia Act [Telemediengesetz, TMG] to the requirements of the General Data Protection Regulation (DSGVO) as well as implement essential parts of Directive 2002/58/EC (ePrivacy Directive).

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10.03.2021 News

Change of management at Oppenhoff: Myriam Baars-Schilling becomes the firm’s chairwomen, Jürgen Hartung a new management member

Myriam Baars-Schilling is the new chairwomen of the law firm Oppenhoff. The 43-year-old lawyer will lead the four-member Executive Board in the future. The Oppenhoff partners also elected Dr. Jürgen Hartung as a new member of the management. Among other things, the 51-year-old IT lawyer is going to drive forward the firm’s digitisation.

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Energy and Infrastructure09.03.2021 Newsletter

Chile passes ambitious Energy Efficiency Law

The new law addresses the enormous challenges faced by Chile in the area of energy efficiency: energy-intensive companies in particular must implement energy management systems (so-called “SGEs” [Sistemas de Gestión de Energía]), which require a great deal of equipment, technology and know-how. German and international suppliers and service providers can play a relevant role in providing this.

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Employment Law08.03.2021Cologne Newsletter

Office concepts of the future: What comes after home office and flexible working?

Innovative office concepts such as desk sharing and open work spaces can be found in more and more companies, alongside an increasing acceptance of home offices and flexible working. Such office concepts are part of the New Work approach which, among other things, encourages interaction between employees.

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Oppenhoff advises Pohl Group on the sale of Systea Pohl GmbH

Oppenhoff has advised the Pohl Group on the complete sale of its subsidiary Systea Pohl GmbH to the French Etanco Group. Systea will continue to operate as an independent company.

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Julia Witte

Julia Witte

Communications Manager

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

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