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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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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