News-Archive

This is a tiresome topic for companies: the commercial agent leaving the company requests an extract of the books. Only recently, it was decided by case law that - when a commercial agent asserts a claim to in-spect the books in order to check the correctness and completeness of the issued extract of the books - companies are initially not obliged to create any documents (Higher Regional Court [Oberlandesgericht, OLG] of Frankfurt, decision dated 14 April 2022 - 26 Sch 1/22, juris). How-ever, this is based on the fact that the company is not obliged to prepare additional, previously non-existing documents for the inspection. The same applies to the procurement of previously unavailable data and documents from third parties.

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On Friday, 2 December 2022, the eagerly awaited reasons for the BAG’s decision in the time-clock ruling were published. With astonishing clarity, the Senate, under Presiding Judge Inken Gallner, took a stand on previously raised practical issues regarding the recording of working hours. We explain what companies now have to watch out for.

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Because of their huge popularity and reach, e-sports events are now considered an ideal platform for advertising. Because of their huge popularity and reach, e-sports events are now considered an ideal platform for advertising.

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On 28 November 2022, the Council of the European Union adopted the Corporate Sustainability Reporting Directive (CSRD), following its prior approval by the EU Parliament on 10 November 2022. This already imposes extended reporting obligations on companies as of the reporting year 2024.

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In May and June of this year, the Federal Labour Court made important decisions on joint operations. The decisions from May are of central importance, according to which employment in a joint venture does not constitute the hiring out of workers. On the occasion of the current case law, we answer the most important questions on joint operations.

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According to the current draft of the German Annual Tax Act 2022 [Jahressteuergesetz 2022, JStG 2022], which will apply from 01 January 2023, the regulations on the valuation of gifts and inheritances of real estate are expected to be significantly tightened. Real estate owners who wish to transfer real estate free of charge, especially by way of anticipated succession, should urgently check whether they can save taxes by transferring it this year.

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On Friday, 11 November 2022, the Bundestag factions of the traffic light coalition introduced a draft for a so-called second Sanctions Enforcement Act (Sanktionsdurchsetzungsgesetz II; SDG II) into the Bundestag. The new regulations are to supplement the Sanctions Enforcement Act I (SDG I) already passed by the Bundestag in May 2022.

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In the ever rapidly growing and equally rapidly changing marketplace and competitive arena of e-sports, what is clear(er) for traditional sports is still unclear for e-sports: do associations, foundations or corporations that promote e-sports pursue charitable purposes within the meaning of Sec. 52 (2) No. 21 of the German Fiscal Code (GFC) [Abgabenordnung, AO]?

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The EU is planning concrete steps to modernise product liability law and thus further strengthen consumer protection. The outdated EU Product Liability Directive, on which the German Product Liability Act [Produkthaftungsgesetz, ProdHaftG] is based, aims in particular to take into account advanced digitisation, developments in artificial intelligence and the increasingly widespread circular economy.

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Just before the entry into force of the German Act on Corporate Due Diligence Obligations for the Prevention of Human Rights Violations in Supply Chains [Gesetz über Lieferkettensorg-faltspflichten, LkSG] and following the recently published handout on risk analysis, the German Federal Office for Economic Affairs and Export Control [Bundesamt für Wirtschaft und Ausfuhr-kontrolle, BAFA] has now published a comprehensive questionnaire. Affected companies can meet their reporting obligations under Sec. 10 (2) LkSG with such questionnaire.

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