News-Archive

Today, the "Fourth Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance" [Viertes Gesetz zum Schutz der Bevölkerung bei einer epidemischen Lage von nationaler Tragweite] comes into force with amendments to the German Federal Infection Protection Act [Bundesinfektionsschutzgesetz, IfSG]. Hubertus Heil has also announced an amendment to the SARS-CoV-2 Occupational Health and Safety Ordinance [SARS-CoV-2-Arbeitsschutzverordnung, SARS-CoV-2-ArbSchVO] next week. Jörn Kuhn and Annabelle Marceau summarise the adaptations and amendments.

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On 14 April 2021, the Federal Ministry of Labour and Social Affairs presented a draft bill amending the German Part-Time Work and Fixed-Term Employment Act [Teilzeit- und Befristungsgesetz, TzBfG]. In essence, the draft restricts the limitation of the contractual term of employment agreements without material reason and so-called chains of fixed-term contracts, which are created by a succession of several fixed-term employment contracts. The amendment to the Act should enter into force on 01 January 2022.

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Frankfurt am Main, 20 April 2021 – Oppenhoff partner Dr Markus Rasner has been appointed to the position of Honorary Consul of the Republic of Singapore in Frankfurt am Main.

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On 21 April 2021, the Bundestag passed a reform of the real estate transfer tax. This entails a lowering of the minimum shareholding threshold and an extension of the holding periods. Real estate transfer tax can now also be incurred in case of changes of shareholders of corporations. An entirely new feature is the introduction of a stock exchange clause. We are already informing you here about these and other innovations and their practical significance - especially for transactions that are already in progress.

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The Federal Minister of Labour, Hubertus Heil, presented the planned Second Ordinance amending the Corona Occupational Health and Safety Ordinance to the Federal Cabinet on 13 April 2021. This intends to extend the period of validity of the SARS-CoV-2 Occupational Health and Safety Ordinance up to and including 30 June 2021 and to introduce a testing offer that will be mandatory for employers.

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Oppenhoff has advised the Alfred Landecker Foundation as the exclusive start-up sponsor of the think-tank “CeMAS”, short for “Centre for Monitoring, Analysis and Strategy”. As a non-profit organisation, CeMAS bundles interdisciplinary expertise on topics such as conspiracy ideologies, anti-Semitism and right-wing extremism. The start-up works with an early-warning system that is unique in Germany and will enable anti-democratic trends to be identified better and earlier.

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The decisions of the Conference of the Heads of the Government of the Federal States [Ministerpräsidentenkonferenz, MPK] have so far only included calls for companies to provide far-reaching corona rapid tests for their employees. An obligation to do so still does not exist - apart from deviating regulations for certain groups of employees in individual federal states such as Berlin, Saxony and Brandenburg. The trade associations have used wide-ranging communications to urge companies to offer their employees tests and have published corresponding notices on their websites.

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Are SPAC transactions conquering the German market? And how does the brand new restructuring law StaRUG affect M&A practice? There have also been important changes in the area of merger control: In the future, fewer transactions will have to be notified to the German Federal Cartel Office. We also report on a high-quality discussion on distressed M&A at the German Corporate M&A Congress and on new rulings by the Federal Court of Justice on the redemption of GmbH shares and on squeeze-outs.

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In 2019, Germany and France undertook in the "Treaty of Aachen" to improve their cooperation in the field of research and digital transformation, including artificial intelligence (AI) and breakthrough innovations. On this basis, a joint call for the funding of innovative AI projects was launched on 3 February 2021, coordinated by the French Bpifrance (Banque Publique d'Investissement) and the DLR project management organisation. "France and Germany want to be a driving force for artificial intelligence in Europe," affirmed German Economics Minister Peter Altmaier in this connection. The total funding budget is EUR 10 million in Germany and EUR 10 million in France.

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The new German electronic Competition Register: long planned and now ready for use. Before the Competition Register can finally go live, however, there are still final steps to be taken. Nevertheless, we are venturing a glimpse into the future and summarise the most important changes.

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