27.02.2022

Fairplay and cancellation agreements – Time to think or sign immediately?

Judgment of the Federal Labour Court of 24 February 2022 in Case No. 6 AZR 333/21 In 2019, the Federal Labour Court (Bundesarbeitsgericht, BAG) established for the first time that a cancellation…

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15.02.2022

Enforcing the rule of law in the EU – the European Court of Justice upholds the conditionality regarding the budget

The European Court of Justice approves the conditionality mechanism Today, the European Court of Justice upheld the conditionality mechanism which makes the receipt of financing from the Union budget…

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15.02.2022

Leave can be cut while on short-time work

Judgment of the Federal Labour Court of 30 November 2021 in Case No. 9 AZR 225/21 The Federal Labour Court (BAG) recently decided that annual leave can be cut proportionately when whole workdays are not…

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08.02.2022

Who is Mister X? The anonymous claim for performance of a collective agreement

Judgment of the Federal Labour Court of 13 October 2021 in Case No. 4 AZR 403/20 If a workers’ union brings an action for the implementation of a collective agreement, the affected union members do not…

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08.02.2022

Start-Ups offer a “young team”: no discrimination based on age

Judgment of the District Labour Court of Berlin-Brandenburg of 1 July 2021 in Case No. 5 Sa 1573/20 A job advertisement referring to a “young team” could indicate discrimination against older…

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08.02.2022

Accident insurance protection applies to the “domestic commute” from the bed to the desk in the home office

Judgment of the Federal Social Court of 8 December 2021 in Case No. 2 B U 4/21 R The Federal Social Court (FSC) extends accident insurance protection in the home office: the way from the bedroom to the…

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06.02.2022

NFT Art: Big Hype – Many Open Legal Questions!

The art market for non-fungible tokens (in short, "NFTs") is booming! The sale at auction by Christie’s in March 2021 of the digital artwork "Everydays: The First 5000 Days" by the artist Beeple for the…

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06.02.2022

Collective redundancies must be notified even in the case of dismissal due to illness

Judgment of the Regional Labour Court of Dusseldorf of 15 October 2021 in Case No. 7 Sa 405/21 The Regional Labour Court (Landesarbeitsgericht) in Dusseldorf held that, where the thresholds are…

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02.02.2022

ATAD Implementation Act Changes in CFC-Regulations

This blog post is the third part of the series on the ATAD Implementation Act. You can access the previous contributions regarding Hybrid mismatches and the changes in Exit Taxation via the corresponding…

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30.01.2022

ATAD Implementation Act - Changes in Exit Taxation

This blog post is the second part of the series on the ATAD Implementation Act. You can find the previous blog post regarding so-called hybrid mismatches at Link. ATAD Implementation Act and the Exit…

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26.01.2022

ATAD (Anti Tax Avoidance Directive) – Implementation Act - Hybrid mismatches

On 25 June 2021, the Federal Council adopted the Anti-Tax Avoidance Directive ("ATAD") (ATAD Implementation Act). It was published in the Federal Law Gazette on 30 June 2021. With the Act, the ATAD from…

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26.01.2022

Federal Labour Court: Compensation for a severely disabled applicant due to a failure to notify the position to the Employment Agency

Judgment of the Federal Labour Court of 25 January 2021 in Case No. 8 AZR 313/21 If an employer breaches provisions containing procedural and/or support obligations designed to benefit persons with…

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