15.05.2023

Tightening of management liability: BGH expands the scope of protection under the board and employment relationships for limited partnerships

Under the settled case law of the Federal Court of Justice (Bundesgerichtshof, BGH), the protection inherent in the board and employment relationship with the director of a general partner GmbH of a GmbH &…

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10.05.2023

First German Cannabis Bill – Half Baked? – Implications for social clubs and commerce

The German health minister Mr. Lauterbach has presented - as announced - a first draft of a law that is to further open the cannabis market. The government is still discussing the bill internally; the bill…

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07.05.2023

ADVANT Beiten Advises astragon Entertainment on Takeover of Independent Arts

Frankfurt am Main, 8 May 2023 - The international law firm ADVANT Beiten has provided legal advice to astragon Entertainment GmbH, Dusseldorf, a subsidiary of Team17 Group PLC, on the takeover of…

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27.04.2023

Incompetence does not protect against liability - on director liability due to incapability

Judgment of the Federal Fiscal Court of 15 November 2022 in Case No. VII R 23/19 Facts of the case Since it was founded in 2002, the claimant had been the sole director of A-GmbH and held 90% of the…

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26.04.2023

Draft Bill Commercial Courts: Booster for Civil Proceedings or a half-baked Idea?

The number of incoming cases at German civil courts has been declining for years [BMJ | Pressemitteilungen | Rückgang der Eingangszahlen bei den Zivilgerichten: Forschungsbericht an das…

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19.04.2023

ADVANT Beiten Advises Laumann Group Especially on Antitrust Law Issues in Connection with the Acquisition of a Majority Share in Ponzio Polska

Munich, 20 April 2023 - The international law firm ADVANT Beiten has advised Laumann Group on the acquisition of a majority share in Ponzio Polska, headquartered in Plock, Poland, primarily on antitrust…

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19.04.2023

Foreign Subsidies, European Obligations. The new EU Foreign Subsidies Regulation

"On 12 January 2023 the EU Foreign Subsidies Regulation (“FSR”) entered into force, providing the EU with a brand-new tool aimed at ensuring fairer competition within the internal market. For companies,…

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18.04.2023

Reform of German Arbitration Law: Initial Key Point

"German law is already arbitration-friendly, but good things can always be made better." With these words, Dr Marco Buschmann German Federal Minister of Justice comments the initial key points of the…

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12.04.2023

Licensed Stores vs. Social Clubs – Germany up in smoke?

In the coalition agreement of 2021, the coalition parties agreed on the introduction of controlled sale of cannabis for consumption to adults in licensed shops. The decisive factors here should be to…

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22.03.2023

Forewarned is forearmed – Dealing with product liability and the increased risks arising from the new EU Product Liability Directive

The central tenet of the Product Liability Act (Produkthaftungsgesetz, ProdHaftG) is found in § 1 (1). According to this provision, manufacturers must provide compensation for a defective product when that…

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13.03.2023

Virtual general Meetings of members of an Association

Background Previously – more specifically: before COVID – meetings of members had to be held in person unless – as was the case for most associations - association by-laws expressly provided the option…

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08.03.2023

Notification obligations under foreign trade law – the risks and stumbling blocks for M&A transactions

The legal due diligence assessment carried out as part of an M&A transaction provides a careful assessment of the legal risks associated with the target and is an indispensable element of every…

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