Oppenhoff advises EIC Fund on investment in tech start-up enote

Oppenhoff has once again comprehensively advised the EIC Fund on its investments in Germany. This time, the EIC Fund invested together with Dieter von Holzbrink Ventures (DvH Ventures) and the Rudolf Fuchs Family Office in a Series A financing round in the tech start-up enote GmbH.

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Energy and Infrastructure17.04.2023 Newsletter

Green hydrogen: Chilean authorities set uniform environmental impact criteria and publish tender for electrolyser production in Chile

The Chilean Environmental Impact Assessment Service (“Servicio de Evaluación Ambiental”, SEA) published a 34-page document on 29 March 2023 that sets out new criteria for assessing the environmental impact of green hydrogen production projects.

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Oppenhoff advises EIC Fund on investment in tech start-up Nyris

Oppenhoff has once again comprehensively advised the EIC Fund on its investments in Germany. This time, the company invested in the tech start-up Nyris GmbH.

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The energy pulse: First hastily stitched together and now being touched up? - German government's Easter draft amendment to the energy price brakes

The first two sentences of the draft act amending the energy price brakes published on 5 April 2023 already indicate that this is unlikely to be the last amendment to the Gas and Heat Price Brake Act (Erdgas-Wärme-Preisbremsengesetz, EWPBG) and the Electricity Price Brake Act (Strompreisbremsegesetz, StromPBG). It describes the price brakes as having been "drafted and put into effect in the last quarter of 2022 within a very short time." In light of initial experience gained with the acts’ implementation, "various adjustment requirements, mainly of a technical and editorial nature, have been identified".

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Failure to provide information about personal data can be costly

If an employee of a company wishes to obtain information about their processed personal data and the company fails to comply, this can potentially be costly. In this context, the German Federal Labour Court [Bundesarbeitsgericht, BAG] was also against an obligation to represent and prove the concrete occurrence of damage in the event of a failure to provide information. A final decision by the ECJ is pending, however. We explain what companies need to watch out for in this connection.

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Oppenhoff advises shareholders of Hermann Maschinenbautechnologie on investment by VORSPRUNG

Oppenhoff has advised the shareholders of Hermann GmbH Maschinenbautechnologie (HemaTec), Germany's leading manufacturer in the field of hydraulic steel engineering, on the investment by the financial investor VORSPRUNG. The sellers are remaining on board and, together with the investor, will expand HemaTec's pioneering role in hydraulic steel engineering.

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IT Law and Data Protection29.03.2023 Newsletter

Focus IT&C – 2nd Quarter 2023

Find out more about our IT law & data protection practice group - now regularly summarised for you at a glance! Enjoy reading!

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Oppenhoff advises MRH Trowe on investment from TA Associates

Oppenhoff advised the industrial insurance broker MRH Trowe on the minority investment by private equity investor TA Associates. The transaction is subject to EU merger control clearance.

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Oppenhoff advises EAM Group on the acquisition of Landgraf Energietechnik

Oppenhoff advised the Kassel-based EAM Group on the acquisition of Landgraf Energietechnik GmbH. As a future subsidiary of the EAM Group, Landgraf Energietechnik, which was previously family-owned, will contribute its comprehensive expertise in the areas of sanitary, heating and air conditioning.

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German Federal Fiscal Court: no limited inheritance tax liability in case of an acquisition of a domestic real estate by bequest

The German Federal Fiscal Court (Bundesfinanzhof, BFH) ruled on 23 November 2022 that real estate located in Germany can be transferred tax-free by way of foreign bequest if neither the testator nor the beneficiary have their domicile or habitual residence in Germany. In the case of German nationals, an additional prerequisite is that they already gave up their domicile or habitual residence in Germany over five years ago.

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Employment Law20.03.2023 Newsletter

Focus on Labour Law 1st Quarter 2023

The new Focus on Labor Law: We provide information on the BAG's decision on the recording of working hours, the ruling of Germany's highest labor court on equal pay for men and women, the current status of the Whistleblower Protection Act, the statutory co-determination of employees in the event of a cross-border change of legal form and the cross-border splitting of companies, as well as on the perennial topic of "workation".

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Insolvency and Restructuring16.03.2023 Newsletter

Insolvency & restructuring: Oppenhoff advises before, during and after a crisis

Corporate insolvencies with major consequences, complex restructuring processes and “protective shield” proceedings - many companies are currently in or are facing a crisis. Cases such as Galeria Karstadt Kaufhof demonstrate that insolvencies can also indirectly affect a great many companies, with suppliers fearing for their customers and manufacturers struggling with insolvency. Particularly affected: the automotive sector, energy-intensive industries, the care sector, retail and the clothing industry. Existing or impending crises require the right experts.

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Real Estate Law14.03.2023 News

Oppenhoff advises Bethmann on new lease of Bethmannhof in Frankfurt

Oppenhoff has advised Bethmann Liegenschafts KG on the leasing of the Bethmannhof in Frankfurt. The new tenant of the 7,000 square meter complex opposite Frankfurt's Paulskirche will be the creative center Massif Central.

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Private Clients07.03.2023 Newsletter

German Federal Fiscal Court: capital gains on cryptocurrencies are taxable

The German Federal Fiscal Court [Bundesfinanzhof, BFH] has published the first ruling on the taxation of virtual currencies. With its decision of 14 February 2023, it clarifies that capital gains realised by a taxpayer within one year from the sale or exchange of cryptocurrencies such as Bitcoin, Ethereum and Monero are subject to income tax as a private sales transaction.

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New spousal emergency representation law: end of the lasting power of attorney?

The number of so-called “lasting powers of attorney” (Vorsorgevollmacht) in Germany has been rising steadily for years. Nevertheless, the number of people under guardianship due to illness or physical infirmity is increasing. The German Act to Reform Guardianship Law [Gesetz zur Reform des Vormundschafts- und Betreuungsrechts] now aims to strengthen the rights of people who are no longer able to manage their own affairs.

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Employment Law09.02.2023 Newsletter

Dismissal of the data protection officer from office on grounds of his position as a works council member

The ECJ ruled today on various questions referred by the German Federal Labour Court [Bundesarbeitsgericht, BAG] concerning company data protection officers. The decision has been eagerly awaited, as the referred questions concern the fact that a data protection officer was also a member of the works council and the company had justified the dismissal from office due to a conflict of interest. We explain the decision and its implications below.

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Contract structuring: procurement risk in times of crisis

Pandemics, wars and climate change lead to supply bottlenecks and shortages of raw materials. This also raises many legal questions regarding the drafting of contracts: Who bears the risk for goods that have already been sold if an upstream supplier cannot or will not deliver? Can the seller contractually adjust his obligation to deliver or his liability for damages vis-à-vis the buyer? How should he actually structure the contract with his supplier?

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Oppenhoff advises EIC Fund on further investments

Oppenhoff has again comprehensively advised the EIC Fund on its investments in Germany. The fund invested in the biotech start-up iThera Medical and the electro mobility start-up Onomotion.

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Oppenhoff advises MRH Trowe-Group on the acquisition of Lurse AG

Oppenhoff advised Mesterheide Rockel Hirz Trowe AG Holding, the holding company of a leading industrial insurance broker in Germany, on the acquisition of Lurse AG. The sellers Matthias Edelmann and Birgit Horak will both join the group of shareholders of MRH Trowe-Group. Matthias Edelmann will also serve as a member of the management board of Mesterheide Rockel Hirz Trowe AG Holding.

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Employment Law18.01.2023 Newsletter

Chief Restructuring Officer - crisis manager and ... dependent employee

Cost increases, sales slumps, lack of liquidity: these days, companies are facing major challenges. When a company runs into difficulties, it needs experienced people who have knowledge of such situations and are able to support or even assume the management. To this end, companies are increasingly using the services of Chief Restructuring Officers (CROs) again. We explain what tasks the CRO typically takes on and what points need to be considered for this position from a legal perspective.

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Commission updates EU control list of dual use items

On Wednesday 11 January 2023, the European Commission's Delegated Regulation (EU) 2023/66 of 21 October 2022, updating the list of dual-use items contained in Annex I to Regula-tion (EU) 2021/821 (the “EU Dual Use Regulation”), was published in the Official Journal of the EU. With its publication, the updated list comes into force as of 12 January 2023.

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12.01.2023 News

Special gift for Michael Oppenhoff on his 85th birthday: Oppenhoff partnership secures long-term scholarship endowment with 250,000 euros

The commercial law firm Oppenhoff is giving its namesake Michael Oppenhoff a special gift for his 85th birthday: it is endowing the Walter Oppenhoff Foundation with around 250,000 euros, thus securing its long-term future. The Foundation’s name is also being changed to the Walter and Michael Oppenhoff Foundation.

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EU-wide strengthening of cybersecurity: new obligations for affected companies

The dangers in the area of cybercrime have been steadily increasing for years. The risks range from data theft and espionage to IT failures and production stoppages. In view of this, it comes as no surprise that several legislative procedures have already been introduced to raise security standards in information technology. However, with the new NIS-2 Directive, the addressees of the special cybersecurity regulations will increase significantly.

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Employment Law04.01.2023 Newsletter

Energy price brake: obligation to preserve jobs and ban on bonuses

On 20 December 2022, the German Act on the Introduction of an Electricity Price Brake [Gesetz zur Einführung einer Strompreisbremse, StromPBG] and the German Act on the Introduction of Price Brakes for Piped Natural Gas and Heat [Gesetz zur Einführung von Preisbremsen für leitungsgebundenes Erdgas und Wärme, EWPBG] came into force. Both Acts contain the basic principles of the so-called energy price brake and are intended, among other things, to provide relief for companies in light of the exorbitant rise in energy prices.

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Julia Witte

Julia Witte

Communications Manager

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