News-Archive

On 18 June 2020, after final deliberation, the Federal Parliament (Bundestag) adopted the CDU/CSU and SPD bill to amend the German Foreign Trade and Payments Act as well as other laws with the votes of the coalition parties. The amending law passed by the Bundestag will now be forwarded to the Federal Council, where it is to be finalized as soon as possible.

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More and more companies are using sustainability for advertising purposes, whether in terms of products, working conditions or the standards of their suppliers. But what are legal consequences of such measures or statements for the company’s executive organs? For the liability risks, a distinction has to be made between binding and voluntary statements.

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For several years now, employers have been increasingly addressing issues of environmental protection and its implementation in the company. Besides the environmental policy factors, employer branding and the improvement of the company's own brand serve as driving forces for companies. Many ideas have been implemented or are maturing. Even proceeding on the basis that many issues are handled in the interests of the workforce and will not or are not expected to meet with resistance from the works councils, one should not lose sight of what a works council is legally entitled to demand. As plausible as the co-determination of the works council is in case of the closure of a company car park, as implausible this would seem when it comes to questions concerning the separation of waste.

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With effect from 1 July 2020, the independent commercial law firm Oppenhoff has appointed cor-porate and M&A attorney Sarah Scharf as partner, and labor law attorney Alexandra Groth and litigation and arbitration attorney Dr. Anna-Gesine Lock as junior partners. These steps up the career ladder are in response to the attorneys' contributions to the sustained success of the firm’s clients.

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According to the BMF letter of 24 April 2020, it is now possible to apply for a (partial) refund of the advance payments already made for 2019 by means of a lump-sum loss carryback.

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The corona crisis not only affects companies, but also has an impact on the operation of public authorities. In the opinion of the German legislator the German Federal Cartel Office (Bundeskartellamt) cannot conduct investigations or cannot do so within the usual timeframes, as companies are apparently not responding to the authority's inquiries or are responding with a considerable delay.

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Oppenhoff has recruited the financial law expert Dr. Wolfgang Kotzur for the expansion of its banking and capital markets law practice. He is transferring from Simmons & Simmons and previ-ously worked for ten years as a solicitor for two large international law firms in London as well as for three years in Frankfurt.

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Short-time work has become a crucial corporate instrument to counter the temporary loss of work due to the Covid 19 pandemic. But what happens if there are signs of a further decline in work that can no longer be countered by short-time work alone? Does short-time work rule out the possibility of dismissals for operational reasons? Does a dismissed employee automatically drop out of the short-time work scheme? And could the employment agency even be entitled to repayment or damage claims?

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Engineering companies with customers all over the world are facing the same problems as a result of the Covid-19 crisis: Corona has brought important projects to a standstill shortly before completion. Either it is not possible to finish assembling plants at customers abroad, to make them available for commissioning, or to carry out the final inspection and approval – so-called “acceptance” (“Abnahme”) - of plants that have already been fully installed because staff are unable to travel abroad. In many cases, remote support offers an alternative way for companies to remain involved and to provide instructions or explanations.

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30 April 2020 – Our partner Markus Rasner on unternehmervertraute.de

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