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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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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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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01.03.2023

Implementing the Mobility Directive

Introduction The German Act Implementing the Mobility Directive (EU) 2019/2121 was originally supposed to enter into force in January 2023, after the Federal Cabinet agreed on the draft bill on 6 July…

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28.02.2023

Recent Developments in the Act on the Modernisation of Partnership Law

The legislative procedure for the modernisation of partnership law is over. The “Act on the Modernisation of Partnership Law” (Gesetz zur Modernisierung des Personengesellschaftsrechts, in short: MoPeG)…

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20.02.2023

Equal pay for men and women: negotiating skills are not an objective differentiation criterion

Judgment of the Federal Labour Court of 16 February 2023 in Case No. 8 AZR 450/21

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19.02.2023

New sustainability reporting and extended duties of business managers

Large capital market-oriented companies, financial institutions and insurance companies with an annual average staff of more than 500 have been obliged to provide non-financial reports since 2017 (s289b(1)…

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