News-Archive

On Wednesday 11 January 2023, the European Commission's Delegated Regulation (EU) 2023/66 of 21 October 2022, updating the list of dual-use items contained in Annex I to Regula-tion (EU) 2021/821 (the “EU Dual Use Regulation”), was published in the Official Journal of the EU. With its publication, the updated list comes into force as of 12 January 2023.

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The commercial law firm Oppenhoff is giving its namesake Michael Oppenhoff a special gift for his 85th birthday: it is endowing the Walter Oppenhoff Foundation with around 250,000 euros, thus securing its long-term future. The Foundation’s name is also being changed to the Walter and Michael Oppenhoff Foundation.

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The dangers in the area of cybercrime have been steadily increasing for years. The risks range from data theft and espionage to IT failures and production stoppages. In view of this, it comes as no surprise that several legislative procedures have already been introduced to raise security standards in information technology. However, with the new NIS-2 Directive, the addressees of the special cybersecurity regulations will increase significantly.

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On 20 December 2022, the German Act on the Introduction of an Electricity Price Brake [Gesetz zur Einführung einer Strompreisbremse, StromPBG] and the German Act on the Introduction of Price Brakes for Piped Natural Gas and Heat [Gesetz zur Einführung von Preisbremsen für leitungsgebundenes Erdgas und Wärme, EWPBG] came into force. Both Acts contain the basic principles of the so-called energy price brake and are intended, among other things, to provide relief for companies in light of the exorbitant rise in energy prices.

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Investments in the health care sector are very popular since the start of the COVID-19 pandemic. In Germany, there has been a particular interest in the strong German medical technology sector during the last years, not only from strategic but also from private equity investors.

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In packaging law, both European and national legislators are clearly picking up the pace. The obligation to offer reusable packaging comes into effect on 01 January 2023. Restaurant owners, delivery services, fast-food restaurants, fresh-food counters and other providers of take-away food now need to familiarise themselves with the new provisions of the German Packaging Act [Verpackungsgesetz, VerpackG] if they are to avoid fines.

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Just as the year draws to a close, there is one more piece of good news for employers: it was often the case to date that employees registered with the employment agency as unemployed after being dismissed by their employer. There, claims to default of acceptance wages were asserted. Frequently, either no or insufficient efforts to apply for jobs were made in such cases. In its decision of 30 September 2022 - 6 Sa 280/22, the Regional Labour Court [Landesarbeitsgericht, LAG] of Berlin-Brandenburg "certified" that an employee had made insufficient efforts to apply for a job and dismissed his claim to default of acceptance wages.

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On 16 December 2022 - and thus exactly three years after the EU Whistleblower Directive came into force - the Bundestag passed the new, long overdue German Whistleblower Protection Act [Hinweisgeberschutzgesetz, HinSchG]. Previously, the Legal Affairs Committee had made significant last-minute changes to the bill.

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German and European investors in the energy and commodities sector with an eye on the exchange between Chile and the EU - two like-minded regions sharing common democratic values and ambitious climate-change targets - can be pleased at the end of this year with the conclusion of negotiations on the modernization of the 2002 Association Agreement between Chile and the EU, which, among others, sets forth express provisions to secure European investors, offtakers and consumers access to green hydrogen, green ammonia, e-fuels and lithium in a sustainable way.

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The Oppenhoff partners have re-elected the management team for the next three years. The firm’s chairwoman Myriam Baars-Schilling, Dr Harald Gesell and Dr Jürgen Hartung are thus starting their second joint term of office and, together with COO Jörg Overbeck, will continue to form the firm's Executive Board.

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