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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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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 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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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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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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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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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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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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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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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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