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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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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17.07.2023

Brexit and Its Effects on Dispute Resolution - A How-to Guide on Civil Disputes Post-Brexit (Vol.4): Anti-Suit Injunctions in EU after Brexit

In the recent published parts of our "Brexit-Series" we focussed on the consequences of Brexit on Civil Disputes (Vol. 1 and Vol. 2). Our last part of the so-called "Brexit-Saga" highlighted a recent…

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11.07.2023

Free rein for data transfers to the U.S.?

The ECJ ruling of July 16, 2020 and its impact The European Court of Justice (ECJ) had ruled in the so-called "Schrems II" judgment in July 2020 that the so-called EU-US Privacy Shield, which until then…

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09.07.2023

The new collective action lawsuit - Consumer Rights Enforcement Act has been passed in the Bundestag

"Potius sero, quam numquam." (Titus Livius, ab urbe condita) On 25th of June 2023, the deadline for implementation of the EU Directive on representative actions for the protection of the collective…

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04.07.2023

Brexit and Its Effects on Dispute Resolution - A How-to Guide on Civil Disputes Post-Brexit (Vol.3): Possible Liability Trap for Shareholders of UK Corporations

In the last part of our "Brexit-Series" we highlighted the consequences of Brexit on the recognition and enforcement of foreign judgments as well as arbitral awards in the European Union and the United…

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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

Brexit and Its Effects on Dispute Resolution - A How-to Guide on Civil Disputes Post-Brexit (Vol.2): Enforcement of judgments and arbitral awards

In the first part of our "Brexit-Series" we highlighted the influence of Brexit on the Choice of Law and Jurisdiction. This second part focuses on the consequences of Brexit on the recognition and…

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06.06.2023

Brexit and Its Effects on Dispute Resolution - A How-to Guide on Civil Disputes Post-Brexit (Vol. 1): The Choice of Law and Jurisdiction

Don't look back in anger - that's how the British band Oasis sang their way into continental European hearts through the 1990s. In the meantime, the Brexit happened. The United Kingdom left the European…

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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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