News-Archive

The European Commission submitted a proposal for a new directive on corporate sustainability requirements to the European Union in Brussels on 23 February 2022 (so-called "Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937"). Its purpose is to promote sustainable business behaviour in relation to supply chains, especially in activities with an impact on human rights and the environment.

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On 8 April 2022, for the first time since the start of the Ukraine war, the EU issued prohibitions on awarding and performing public contracts and concessions. The bans entered into force as part of the fifth package of sanctions against Russia and are applicable directly.

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Oppenhoff has advised the world's leading cable manufacturer Prysmian S.p.A. on its first sustainability-linked loan in the amount of €1.2 billion. The loan was provided by a consortium of Italian and international banks.

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The Düsseldorf Regional Court has ruled that, under certain circumstances, an insurance broker must accept being attributed with the unfair conduct of an advertising agency commissioned by him (judgement of 16 June 2021, 12 O 10/21).

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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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