News-Archive

In cases in which the claimant names concrete indications to the effect that he may have been legally incapacitated when making a gift, an expert opinion definitely has to be obtained by the adjudicating court. The German Federal Court of Justice [Bundesgerichtshof, BGH] determined this in its ruling of 26 April 2022 – X ZR 3/20 - and thus overturned the previous decision of the Higher Regional Court [Oberlandesgericht, OLG] of Cologne of 18 December 2019 - I-25 U 14/19 - and referred the matter back to the previous instance. The BGH pointed out that, even without any legal incapacity, the state of a weakness of will or ability to be easily influenced could also justify a nullity on grounds of immorality, if this state was deliberately and purposefully exploited by the recipient of the gift. This is because the immorality can also result from the behaviour and motives of the recipient of the gift.

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At the end of June, the German Federal Ministry of Economics and Climate Protection declared the alert level ("Alarmstufe") of the German Gas Emergency Plan - there is great concern about a gas supply stop and corresponding reductions. If the BMWK declares the emergency level, companies would basically be affected first. The strains will run through the entire supply chain. We have summarized what you can do to best prepare yourself. Our experts are always available for an in-depth discussion on these and other points.

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The EU Commission adopted another package of sanctions on 21 July 2022. The measures include new import bans, expanded restrictions on the export of certain sensitive technologies, as well as adjustments and corrections to existing bans and exemptions.

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On 30 June 2022, the Council of the European Union and the EU Parliament agreed on the draft regulation proposed by the EU Commission on distortive foreign subsidies. Based on this agreement, the new regulation could already enter into force this year. Due to the introduction of a new mandatory screening mechanism, the regulation will have a considerable impact on transaction practice in M&A processes and in procurement procedures.

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In the second half of this year there are once again going to be important labour law reforms that will keep HR departments on their toes. We have summarised the most important innovations for you in this Focus on Labour Law. We also report on a multitude of other important decisions of the labour courts of relevance to company HR work.

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Oppenhoff has extensively advised the long-established Munich-based bank August Lenz & Co. AG on the sale of its Payment Services division to Raisin Bank AG. With this acquisition, Raisin Bank is expanding its business areas as a banking-as-a-service provider further.

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Oppenhoff was named Law Firm of the Year for data security and privacy law in this year's Best Lawyers ranking. In addition, Dr. Marc Hilber was named "Lawyer of the Year" for IT law and Till Liebau as "Lawyer of the Year" for private equity.

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The Administrative Court [Verwaltungsgericht, VG] of Magdeburg has ruled that the subsequent conclusion of a professional liability insurance in order to obtain uninterrupted insurance coverage does not meet the requirements of Sec. 34d (5) sentence 1 No. 3 German Industrial Code [Gewerbeordnung, GewO] (judgement of 18 January 2022, 3 A 96/21 MD).

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The legislative reform planned for 1 August 2022 to implement the EU Directive on Transparent and Predictable Working Conditions has considerable implications and triggers a need for action by companies. New minimum requirements for determining working conditions and the expansion of the employer's obligation to provide evidence of material working conditions - which will be subject to fines in the future - require the adaptation of employment contracts and work processes in HR.

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Oppenhoff has elected Marco Degginger, Caterina Hanke, Dr. Philipp Heinrichs and Hanjo Prondzinski as junior partners with effect from 1 July 2022.

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