News-Archive

The Federal Government, through the Federal Ministry of Economic Affairs and Climate Action, placed Rosneft Deutschland and RN Refining & Marketing GmbH under the trusteeship of the Federal Network Agency . This is the first time that the BMWK has used a new legal basis anchored in the German Energy Security Act to avert risks in connection with the operation of critical infrastructures in the energy sector.

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The works council has no right of initiative regarding the introduction of time recording systems in the company. As expected, the Federal Labour Court [Bundesarbeitsgericht, BAG] confirmed its previous case law today (decision of 13 September 2022 - 1 ABR 22/21). At the same time, the BAG's decision has caused a sensation in the discussion on the recording of working hours: according to the Erfurt judges, if the German Occupational Health and Safety Act [Arbeitsschutzgesetz, ArbSchG] is interpreted in conformity with Union law, employers are currently already obliged to record employees' working hours.

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Although emergency plans, risk plans and safety laws have also existed for a long time in the energy sector, they have not been relevant to date because there was no acute risk situation. However, a crisis of unprecedented proportions is becoming increasingly likely - and is therefore causing a great deal of uncertainty in the market. More than ever, in-house counsel are being called upon to find solutions with their partners in law firms. Carmen Schneider, energy law ex-pert and partner at the law firm of Oppenhoff, therefore urgently recommends taking appropriate preventive measures.

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According to a press release dated September 6, 2022, the German Federal Cartel Office has no objections against a production cooperation among German sugar producers to mitigate a possible gas shortage. The decision is driven by the current geopolitical situation and has cross-industry significance.

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A proposal drafted by the EU Commission for a CO2 limit compensation scheme will result in rising costs for manufacturing companies and is meeting with criticism. Holger Hofmann and Carsten Bormann find out what is being discussed.

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The Walter Oppenhoff Foundation is once again awarding two scholarships for LL.M. studies in the USA this year, thus supporting the extraordinary legal achievements of the two scholarship holders. The Foundation was established in 1996 on the occasion of the 90th birthday of Dr. Walter Oppenhoff, namesake of the commercial law firm Oppenhoff, and supports the international education of German lawyers.

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When an international marriage is divorced, the question arises as to which maintenance law applies. Normally, the law of the country in which the person entitled to maintenance is habitually resident applies. This only is not the case if the law of another country had, in an exceptional case, a closer connection to the marriage or if the couple made a corresponding choice of law.

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Since the beginning of the Russian war of aggression against Ukraine, the EU and the US have imposed countless sanctions against Russia and Belarus. The EU has now issued the seventh package of sanctions. The multitude of regulations and dynamic develop-ments have raised a wide range of questions for companies. We are providing you with an overview of the sanctions imposed by the EU so far. Regulations (EU) 833/2014 and (EU) 269/2014 are relevant in this respect.

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The emerging energy crisis forces us all to take action: yesterday, the German Federal Cabinet approved two ordinances on energy conservation presented by Habeck, Germany’s Federal Minister of Economics. The ordinances specifically stipulate that not only public entities, but all companies, are required to save gas and electricity. The first measures become mandatory as of 1 September 2022. Annabelle Marceau and Jörn Kuhn explain the labour law implications of the two ordinances.

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An insurance broker may in exceptional cases be obliged to draw an insured party’s attention to certain exclusions of cover. This was confirmed by the Higher Regional Court [Oberlandesgericht - OLG] of Frankfurt.

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