08.08.2023

Liability of board members and managing directors for antitrust infringements –NO recourse for fines but possible recourse for cartel damages claims

Cartel members or their board members and managing directors, who violate their fiduciary responsibilities, are not personally liable for fines imposed against the undertaking. In contrast, the Court held…

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07.08.2023

Dismissal of a supervisory board member for serious grounds related to conduct

Supervisory board members can be removed for good cause even when they are accused of misconduct not directly connected to their activities on the supervisory board. In its judgment of 1 March 2022, the…

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02.08.2023

ADVANT Beiten Expands Corporate and M&A Practice in Frankfurt Office with Roy Naor

Frankfurt, 3 August 2023 – The international law firm ADVANT Beiten continues to expand its Corporate/M&A practice group by winning Roy Naor, LL.M. (New York), LL.B. for its Frankfurt office. Prior to…

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23.07.2023

The applicability of the UN CISG on the arbitration agreement

Both the material validity of an arbitration agreement and the effective integration in the contract of an arbitration clause contained in general terms and conditions can comply with the UN Convention on…

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23.07.2023

Adacta and ADVANT Beiten Advise EBARA on the Acquisition of a Business Division of SKF

Munich, 24 July 2023 - The international commercial law firm ADVANT Beiten has advised EBARA Pumps Europe S.p.A. (EPE), part of the Japanese EBARA Corporation (EBARA), on the acquisition of the business…

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28.06.2023

Dealing with product liability risks in M&A transactions

1. What are the risks under the Product Liability Directive? 1.1 Draft Product Liability Directive On 28 September 2022, the European Commission published a proposal for a new product liability…

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20.06.2023

ADVANT Beiten Advises Educapital on the Investment in Tomorrows Education GmbH

Freiburg, 21 June 2023 – The international law firm ADVANT Beiten has provided legal advice to Educapital, the first European investment fund specialising in Educational Technology (EdTech), on its…

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01.06.2023

European Parliament in support of plans for an European Supply Chain Due Diligence Act

On June 1, 2023 the European Parliament resolved by large majority vote to adopt its position for the upcoming negotiations with regard to the proposed Corporate Sustainability Due Diligence Directive…

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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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