19.07.2021

A property rented out and owned by a foreign property-corporation ("propco") without personnel on site is no permanent establishment for VAT purposes

Lately several surprising court decisions were taken regarding VAT regulations for real estate investments which should be taken into account by investors. Hereinafter we will review the possible impacts…

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31.05.2021

The Effects of the Coronavirus on Real Estate Law

1. COVID-19 Pandemic in the Federal Republic of Germany The "coronavirus" or "COVID-19 pandemic" issue (hereinafter "Covid-19 Pandemic") has been given considerable attention in real estate law in…

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05.05.2021

Lessees Do Not Have the Right to Withdraw from the Lease Contract in the Event of a Cancelled Event

In its judgement of 29 April 2021, the Regional Court Munich I ssued a first decision on the interference with the basis of the transaction pursuant to Section 313 of the German Civil Code (BGB), which…

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07.04.2021

Sustainable City of the Future: Legal Challenges

The concept of sustainable development has become part of the Russian legal agenda, in part thanks to the consequences of the pandemic. The pandemic updated the topic of the sustainable development of…

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02.03.2021

"Pandemic Jurisdiction" on Commercial Leases - Another Higher Regional Court Speaks Out (Reference Decision of the Munich Higher Regional Court of 17 February 2021

Only yesterday we gave you an update on the current decisions in our blog post in our blog post "One Year of Commercial Lease Law in the Pandemic - an Overview". For the first time, we were also able to…

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01.03.2021

One Year of Commercial Lease Law in the Pandemic - an Overview

In our blog post "One Year of Commercial Lease Law in the Pandemic - an Overview" of 5 February 2021, we had summarised for you the current status at that time. Up until then, our summary had to be limited…

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15.02.2021

C&A Must Pay Rent in Full - Payments of Rent Arrears are Reasonable Under Section 313 German Civil Code

In its judgement of 12 February 2021, the Regional Court Munich I states that it was reasonable for the department stores' chain C&A "in general and also on the basis of the profits from the previous three…

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24.11.2020

Legislative Debate on Corona-Related Restrictions and Closures

The Federal Ministry of Justice is currently dealing with the issue of whether state-imposed restrictions and corona-related closures constitute a rental defect. So far, only regional courts have dealt…

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12.11.2020

Coronavirus-related Closures and Lockdown - Three Courts, Two Opinions!

In our post dated 21 October 2020, we reported on the decision of the 15th Chamber of the Regional Court of Frankfurt am Main (judgment of 2 October 2020 - 2-15 O 23/20). In this decision, the Regional…

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29.10.2020

Regulation on Reporting Duties under the German Money Laundering Act - Real Estate (GwGMeldV-Immobilien)

Overview On 1 October 2020 the new regulation on reporting duties under the German Money Laundering Act - Real Estate (hereinafter the "Regulation") has come into force. With the Regulation, the…

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20.10.2020

Commercial Space Rent Remains Due Even During Corona Closure

The issue of "coronavirus" or "COVID-19 pandemic" has been given considerable attention in real estate law in recent months. One of the first legal issues to be intensively discussed in connection with…

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13.04.2020

Commercial leasing law

As reaction to the corona crisis all State Governments - primarily in March 2020 - did take measures for slowing down the spread of the new corona virus on the basis of the Infection Protection Law. In…

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