05.11.2023

It is high time to prepare for the European CO₂ Border Adjustment Mechanism (CBAM)

The European Carbon Border Adjustment Mechanism (CBAM)1 has entered into force on 17 May 2023 and has been implemented gradually since October this year. The CBMA requires importers of iron, steel, cement,…

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30.10.2023

Placing information in a virtual data room - BGH concretizes obliga-tions to disclose information for sellers in the context of a buyer's due diligence

In its judgment of September 15, 2023 (File No. V ZR 77/22), the Federal Court of Justice (FCJ) concretized the obligations to disclose information of a commercial real estate seller in connection with the…

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22.10.2023

Guidelines for the Effective Agreement of Non-Compete Clauses

Non-compete clauses are aN integral part of sale and purchase Agreements, cooperation agreements, AND EXECUtiVE and employment contracts. This article outlines the contractual possibilities, the Legal…

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16.10.2023

20th Amendment to the Foreign Trade and payments Regulation: What’s New?

Digitalisation The amendments make it possible for administrative acts under the Foreign Trade and Payments Regulation (Außenwritschaftsverordnung, AWV) to be issued in electronic form. Applications,…

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11.10.2023

Verbandsklagenricht-linienumsetzungsgesetz enters into force

Today, the so-called "Verbandsklagenrichtlinienumsetzungsgesetz" (VRUG) entered into force [BGBl. 2023 I Nr. 272 vom 12.10.2023]. The core part is the new Consumer Rights Enforcement Act (VDuG).…

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20.08.2023

Interim relief from an incorrect list of shareholders after a resolution

JUDGMENT OF THE COURT OF APPEAL OF BERLIN OF 17 MAY 2023 IN CASE NO. 23 U 14/23 Facts of the case At a meeting of shareholders, to which the majority shareholder concerned was not properly invited,…

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17.08.2023

Federal Government of Germany approved on the establishment of Commercial Courts

On 16 August 2023, the German Federal Government passed the draft of the „Justizstandorts-Stärkungsgesetz“ regarding the establishment of commercial courts and English as language of the proceedings…

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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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