News-Archive

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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Last year, by judgement dated 28 September 2021 (16 KLs 406 Js 59398/16 inter alia), the Regional Court [Landgericht, LG] of Braunschweig acquitted four high-ranking managers of the VW Group of the charge of breach of trust due to excessive works council remuneration. However, it is clear from the recently published reasons for the judgement that the judges nevertheless considered the objective fact for constituting a breach of trust pursuant to Sec. 266 (1) of the German Criminal Code [Strafgesetzbuch, StGB] to have been fulfilled.

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Unsere Arbeitsrechtsexperten Isabel Hexel und Johannes Peter Kaesbach haben das deutsche Kapitel für den IEL Guide to Whistleblowing verfasst.

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Everyone is currently talking about the implementation of the EU Working Conditions Directive in the German Act on Proof of Working Conditions Governing an Employment Relationship [Nachweisgesetz, NachwG]. The new obligations to provide information and proof also affect employee postings abroad. Companies will therefore also have to take action in this respect, which we have summarised below.

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Antitrust law currently entails innovations for e-commerce on an almost daily basis. Besides the advancing regulation of gatekeepers, the "rules of the game" of distribution-related antitrust law have also been modernised.

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In its judgement of 29 June 2022 (Case No. IV ZR 110/21), the Bundesgerichtshof ruled that the application of English inheritance law based on a choice of law in the testamentary disposition is contrary to German ordre public if this deprives children of their entitlement to a compulsory por-tion independent of their needs and there is a sufficient domestic connection. The BGH thus con-firms the previous decision of the Higher Regional Court of Cologne (judgement of 22 April 2021 - 24 U 77/20, ZEV 2021, 698).

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