News-Archive

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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With its FAQs on asset freeze and prohibition to make funds and economic resources available, the EU Commission has almost incidentally announced a far-reaching and practically highly relevant change to its previous interpretation of the sanctions regulations. By aggregating minority shareholdings of sanctioned persons, prohibitions on disposal and provision may apply in future to a large number of previously non-sanctioned companies.

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The EU Commission adopted its sixth sanctions package against Russia and Belarus on 3 June 2022. The measures supplement the restrictions stipulated in the first five sanctions packages and are intended to further weaken the Russian economy in its key supporting function in Russia's war of aggression against Ukraine. The central element is a partial embargo on Russian oil. Additionally, existing financial sanctions and trade restrictions are being expanded.

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In the course of the corona pandemic and the associated increasing digitisation of work processes, the question frequently arises, especially in personnel matters, as to which employment law transaction still even need to be made in writing at all, or whether a short e-mail exchange, for example, is sufficient to quickly and easily process certain matters.

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The EU has fundamentally reformed the rules of antitrust law regarding distribution: After a heated debate, the new Block Exemption Regulation (Vertical-BER) entered into force on June 1, 2022. Since then, the new Vertical Guidelines of the EU Commission also apply. Companies have time until May 31, 2023 to review their distribution agreements in light of the new rules and adapt them if necessary.

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For the first time since the start of the Russian war of aggression against Ukraine, the Sanctions Regulation (EU) 2022/576 has stipulated regulations for public procurement. The provisions are already in force and, from 11 October 2022 onwards, companies will have to ensure that there is no so-called connection with Russia also in their existing contracts. This also applies to the supply chain; otherwise there is a risk of the con-tract’s termination. In order to address this situation, public contracting authorities have recently started demanding so-called self-declarations, in which bidders are to declare that they have no connection with Russia.

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Green hydrogen is thought to play a key role in the success of the energy and transport transition. It takes considerable effort to establish a functioning hydrogen economy sys-tem, however. The draft of the so-called delegated act to the Renewable Energy Di-rective, referred to as the RED II, which has now been published, has caused an uproar in the H2 industry.

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The new Sanctions Regulation (EU) 2022/576 prohibits contracting authorities from awarding contracts to companies with links to Russia. This also applies if subcontractors with a connection to Russia have a share of more than 10% in the specific contract. As of 11 October 2022, contracts concluded with such companies prior to 9 April 2022 may no longer be performed and thus have to be terminated. The German Federal Office of Bundeswehr Equipment, Information Technology and In-Service Support [Bundesamt für Ausrüstung, Informationstechnik und Nutzung der Bundeswehr, BAAINBw] has developed a form for its contractors to declare that they have no links to Russia.

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At the latest since the launch of the Russian war of aggression against Ukraine in February 2022, economic sanctions have been on everyone's lips. The concept is not new, however. Rather, it is a long-established instrument, also used by the EU, to impose sanctions against certain legal entities, natural persons, groups of persons or countries in order to enforce political interests and compliance with international law.

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