News

On Friday, 15.10.2021, new election regulations for the election of the works council and the youth and trainee representation have come into force. This means that the amendments of the Works Council Constitution Act (“Betriebsverfassungsgesetz”, BetrVG) already in force since 18.06.2021 as a result of the “Betriebsrätemodernisierungsgesetz” (Works Council Modernization Act) have been transported by the ordinance amending the election regulations, the election regulations for maritime shipping and the ordinance on the conduct of works council elections at postal companies into the election regulations. We have summarized the changes to the election regulations for you below.

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Oppenhoff has advised the e-sports company Rush Entertainment AG on legal issues relating to the development of its brand presence, including the launch of the modern e-sports entertainment and community platform RUSH.GG. Rush Entertainment was recently founded by the managers of the agency STARK Esports GmbH.

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Yesterday, the Federal Labour Court (BAG) ruled that a „mini-jobber“ cannot demand a wage if the business was closed on grounds of a corona-related general decree. The decision is to be welcomed. However, the details of the case do not allow too many generalisations to be made with respect to all companies. Furthermore, the swift pace at which the proceedings were conducted would suggest that the last word has not yet been spoken on this issue.

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Oppenhoff has advised Schoofs Immobilien GmbH Frankfurt on the sale of six food markets which are currently under construction to Habona Invest GmbH. The sale, valued at €37 million, was carried out as a forward deal.

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Many employers are taking advantage of the ongoing development of electric and hybrid vehicles to break new ground when it comes to company cars. Employers can make a visible contribution to reducing emissions and simultaneously retain and attract climate-conscious employees.

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When French employees are posted to Germany by their employer, the provisions of European law on the posting of employees have to be observed. The revised European Posting of Workers Directive was transposed into German law on 30 July 2020 with the reformed German Act on the Posting of Workers [Arbeitnehmerentsendegesetz - AEntG]. Since then, the regulations for posting workers have become even stricter. Violations of the relevant requirements can result in fines. It is therefore worth taking a new look at the essential provisions.

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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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