News

Oppenhoff is strengthening its ranks with lawyer and notary Dr. h.c. Hans-Joachim Otto. Otto’s focus is the provision of legal advice on real estate and estate agency law in particular, as well as the notarisation of real estate transactions. Hans-Joachim Otto has joined Oppenhoff’s Frankfurt office on 1 October 2021.

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The disappointment is great: many global corporations have already established a central whistleblowing system and regarded this as sufficient with regard to the implementation of the EU Whistleblower Directive. This is not enough for the EU Commission. For companies, this means considerable additional effort in reorganising their whistleblowing systems.

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According to a recently published ruling by the Federal Court of Justice [Bundesgerichtshof - BGH], car manufacturers may not prohibit their authorised dealers from selling new vehicles, spare parts and accessories to independent tuning companies. The BGH classifies such a restriction of customer groups as an impermissible restraint of competition.

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An exciting federal election lies behind us. Exploratory talks are now starting on the formation of a future governing coalition, which is expected to consist of at least three parties at federal level for the very first time. It is still uncertain which labour law programme the new government will introduce. We will keep you informed about the legislator’s activities as usual in our Labour Law Focus. Today, we can already inform you of the existing decisions of the labour courts of significance to daily HR practice.

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The Dual-Use Regulation comes into force today, 9 September 2021. Almost three months after its publication, there is still some uncertainty as to how exactly the regulations are now going to be applied. What do I, as an entrepreneur, have to consider and how can I possibly profit from the new regulations. Our expert Stefan Müller provides answers.

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In a summer that was dominated by bad news, the diesel scandal increasingly took a back seat in the news coverage. However, the matter did progress and “Dieselgate” decisions were pronounced. In July 2021, the Federal Court of Justice (Bundesgerichtshof - BGH) pronounced a series of decisions that further advance the legal processing of the matter - at least as far as the affected buyers are concerned.

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Oppenhoff has advised nd industrial investments B.V. on the Series C financing round of Next.e.GO Mobile SE. As the majority shareholder of Next.e.GO Mobile SE, nd industrial investments B.V. led the Series C financing round. The new capital of EUR 49 million will be invested in the production of the e.GO Life platform, the development of additional models and also the unlocking the unique feature of e.GO Life, the battery swap. Both existing and new investors participated in the financing round.

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Oppenhoff has obtained an interim injunction on behalf of its client mi.to pharm against the Luxembourg-based Amazon Services Europe S.à r.l. before the Regional Court of Hanover on grounds of an abuse of a market-dominating position.

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As of today, wearing a mask at the workplace indoors can be waived in NRW - under certain conditions. The new federal-state resolutions of 10 August 2021 do not contain any concrete regulations in this regard. NRW was the first federal state to relax the obligation to wear a mask. It remains to be seen whether other federal states will follow suit.

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Oppenhoff has been nominated for the "Law Firm of the Year" Award by the renowned industry publisher JU-VE. It has also been nominated in the categories Compliance and Media & Technology.

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The Corona crisis raises numerous legal questions. Our experts can answer them - and everyone is available to you. Below you will find important information, dates and consulting topics.

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Status determination proceedings aim to provide legal certainty as to whether someone is self-employed or employed. This is primarily of relevance for the social security obligation. The wish for a reform of status determination proceedings according to § 7a German Social Code Book IV [Sozialgesetzbuch IV - SGB IV] has existed for some time. There was a need for more legal certainty and transparency, and a less lengthy procedure. The Bundestag had - largely unnoticed by the public - passed a corresponding bill on 20 May 2021. The changes are due to come into force on 1 April 2022. Jennifer Bold and Jörn Kuhn explain what changes we can expect and why parts of the reform have to be viewed critically.

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The Minister Presidents’ Conference [Ministerpräsidentenkonferenz] met on 10 August 2021. From 11 October 2021 onwards, free corona tests will no longer be offered to citizens. Companies have been urged to support vaccination. Our partner Jörn Kuhn explains what to look out for when vaccinating in the workplace environment and briefly highlights the key employment law points of yesterday's resolution.

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Oppenhoff has advised VHV Holding AG on the acquisition of InterEurope AG from the private equity fund Elvaston Capital. InterEurope AG continues to exist as an independent enterprise within the VHV Group at the company’s headquarters in Düsseldorf. The parties agreed not to disclose the purchase price.

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The holiday season is in full swing and in the first federal states the summer school holidays are already drawing to a close. Many have ventured abroad for the first time in a year and a half - getting out and about at last!" However, in view of rising infection rates, quarantine could become necessary - perhaps taking holidaymakers by surprise. We provide an overview of things to be considered when employees return from holiday.

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Increasing networking and automation in road traffic, large volumes of vehicle data: in this highly dynamic environment, new "data-driven" areas of business for innovative mobility services are currently emerging. Via interfaces, modern vehicles allow communication with other devices in the "Internet of Things" and often enable data collected in the car to be accessed by more than just the car manufacturers.

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Dr. Vanessa Pickenpack and Dr. Anna-Gesine Zimmermann have been interviewed on current topics of dispute resolution for this year’s issue of Lexology GTDT: Market Intelligence.

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The German Federal Labour Court [Bundesarbeitsgericht - BAG] has recently commented on the prerequisites and limits of the reimbursement obligation in case of compliance measures.

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Oppenhoff has elected Lisa Schmitt to junior partner with effect from 1 July 2021.

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Travel has long since ceased to be the sole preserve of people, goods and commodities. Data are also being sent off on their “travels” from A to B. The pandemic has caused passenger travel to be subject to numerous new regulations. New EU standard contractual clauses are also bringing reforms for the "travel" of data to third countries. We are introducing you to the most important new features and simultaneously providing you with the appropriate tool to easily compile the appropriate clauses.

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On 25 June 2021, the German Supply Chain Due Diligence Act [Lieferkettensorgfaltspflichtengesetz – LkSG], better known by the less unwieldy term "Supply Chain Act", was also approved by the Bundesrat. Thus, as of 1 January 2023, initially companies with their registered office or a branch office in Germany and over 3,000 domestic employees will be obliged to observe human rights and environmental due diligence obligations in their supply chains in an appropriate manner. From 1 January 2024 onwards, the obligation also extends to companies with over 1,000 employees.

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The Transparency Register is becoming a full register. This results in new notification obligations for many companies - registration in another public register is now no longer sufficient to also fulfil the notification obligations to the Transparency Register. At the same time, many other privileges are being abolished, for example for listed stock corporations or for share deals. Affected companies should review their notification obligations in the near future. If there is no beneficial owner, the legal representatives have to be entered (fictitious beneficial owners).

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Driverless vehicles on the road - in regulatory terms, the German legislators are clearing the way. The pending Act is an interim solution that is not convincing on all points. The goal is to achieve an international legal framework. Our expert Dr. Angela Busche ex-plains the new regulations and points out the omissions.

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Far-reaching changes to the German Civil Code will come into force on 1 January. Companies in the retail and consumer goods sectors in particular will be affected by this. Just under six months are left before their implementation. Additionally, all (in-house) lawyers should familiarise them-selves with the new definition of defects in sales law. Patrick Vapore and Jörn Kuhn have sum-marised the main changes.

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The reform of foundations law is on its way: at last, there is going to be a uniform German law on foundations and several legal uncertainties that have existed to date will be eliminated. However, a central Foundations Register is also going to be introduced, which will bring this hitherto very non-transparent legal form much more into the public eye - this has both advantages and disadvantages. Founders and the executive bodies of foundations should use the time available until the law takes effect to check whether they need to act. Our experts have summarised the most important changes for you in our newsletter.

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