Posts tagged #Germany
All PostsGER: Easements Require Land Registry Entry
Civil LawThe German Federal Court of Justice (BGH) examined when a conditional civil law right to obtain an easement for rights of way may exist. Transfer of ownership without registration of the right of way in the land registry In the cased at hand, after t...
German BFH Decides on Tax-Deductible Dual Household Expenses
Tax LawThe German Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH) has recently ruled on the tax deductibility of parking space costs in the context of maintaining two households. Second residence The case pertains to a second residence, including a ...
German BGH Clarifies ‘Personal Data’ under Article 15 of the GDPR
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether premium history details—such as adjustments, tariff changes, and terminations—in private health insurance count as personal data. The case at hand involved a ...
GER: Electronic Signature Certification Sufficient for Commercial Register Filings
Corporate LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has examined whether handwritten signature may be certified via a basic electronic certificate, thereby clarifying legal requirements within this context. GmbH dissolution in co...
German BGH Strikes Down Pension Cut Clause for Riester Policyholders
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) was required to adjudicate the validity of a provision contained within the terms and conditions of a unit-linked pension insurance policy. Pension factor reductions From June t...
German BGH on Pre-Negotiated Brokerage Agreements
Civil LawThe German Bundesgerichtshof (hereinafter BGH) recently had to consider whether a brokerage agreement negotiated in advance between a project developer and a brokerage agency could still be subject to review under the German Law on Standard Terms and...
GER: BGH on GmbH Shareholders’ Statutory Voting Ban
Corporate LawShareholders of a German limited liability company (GmbH) who together hold all the shares in the company are prohibited from voting on a resolution to initiate legal proceedings against another company. No one may be a judge in his own case, accordi...
GER: Whistleblower Protection Act Poised to Go into Effect
Corporate LawThe German Bundestag has passed the long-awaited new Whistleblower Protection Act (Hinweisgeberschutzgesetz) containing a number of significant amendments. The law is intended to improve the protection of whistleblowers against possible harassment or...
Legal Comparison AT/GER: Receipt of E-Mails in Business Transactions
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) has now settled the question of when a B2B email is actually deemed to have been received. If an email is made available for retrieval on the recipient's mail server during normal business hou...
GER: Illegal gambling: No Claim against Bank
Civil LawAnyone who authorises credit card payments to foreign providers when gambling illegally does not have a claim for reimbursement against their bank. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), the legal question...
GER: Is Electronic Time Recording on the Way?
Labour LawThe German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG) has made it clear that working hours must be documented. This will spell upheaval for many companies in Germany. In the case at hand, the petitioning works council and the employ...
GE: Publicly Issued Expert Opinions May Be Quoted
Civil LawAnyone who publicly gives expert statements must accept being quoted in an advertisement, even by name. However, the quote must be correct and it must be made obvious that the average reader would not assume that the statement had been paid for, says...
Germany: Virtual General Meetings Are Here to Stay
Corporate LawAt the beginning of July this year, the German Bundestag adopted a bill on virtual general meetings of public limited companies. Online general meetings were initially introduced for a limited term due to the Covid-19 pandemic, but are now to become ...
Germany: Corona-related Travel Cancellations vs Cancellation Fees
Civil LawIn three cases brought before the German Federal Supreme Court (Bundesgerichtshof, BGH), travellers had claimed against their tour operators for reimbursement of their deposit fee for travel arrangements which they had booked but cancelled due to the...
Germany: No Claim Extension in Appeals
Procedural Law ZivilrechtChanging the matter in litigation during appeal proceedings in order to increase the likelihood of success of the action is not permissible. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), such a change would affect the intere...
Germany: New Supply Chain Due Diligence Act (LkSG)
Corporate LawThe new German Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz, LkSG) will come into force on 1 January 2023. This Act introduces new corporate due diligence requirements for corporate management as well as control duties for sup...
Germany’s DiRUG: More Efficient Data Transmission in the EEA
Corporate LawThe Act on the Implementation of the Digitalisation Directive (Gesetz zur Umsetzung der Digitalisierungsrichtlinie, DiRUG) is due to come into force in Germany on 1 Au-gust 2022. The DiRUG will implement Directive (EU) 2019/1151 with regard to the us...
Germany: Will YouTube be held liable for its users in the future?
Civil LawThe German Federal Supreme Court (BGH) has recently had to decide, among other things, on the liability of the operators of YouTube, an internet platform, for copyright infringements committed by third parties using this service. In the future and un...
DE: Schufa - Data processing after termination of insolvency proceedings
Civil LawThe German Higher Regional Court (Oberlandesgericht, OLG) of Schleswig-Holstein ruled: Schufa is allowed to process the data of an insolvency debtor for a maximum of six months after the insolvency proceedings have been cancelled. In March 2020, the ...
DE: Wirecard annual financial statements for 2017 and 2018 void
Banking LawWirecard's financial statements for 2017 and 2018 as well as the resolutions on the appropriation of profits at the associated annual general meetings are null and void. This was the decision of the Munich Regional Court I (Landgericht München I) in ...
DE: In case of damage to health - no shortening of the warranty claim
Civil LawA shortening of the statutory warranty obligation in the law of sales is not permissible if damage to health is also included. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this would be a violation of mandatory law. The buy...
DE: What information must a consumer loan contract contain?
Civil LawIn consumer loan contracts, the information on the interest rate on arrears must include the specific percentage rate applicable at the time of the conclusion of the contract. The German Federal Supreme Court (Bundesgerichtshof, BGH) thus changes its...
DE: Rent repayment claims assignable to debt collection agencies?
Civil LawIt is covered by the authority of a debt collection service provider under the Legal Services Act (Rechtsdienstleistungsgesetz) if he is commissioned, on the one hand, to reclaim the rent from the landlord and, on the other hand, to request the landl...
DE: No appeal because of missing "ü"?
Civil LawIf attachments are sent to the court via the special electronic lawyer's mailbox (beA), the file name may also contain umlauts such as an "ü". According to the German Federal Supreme Court (Bundesgerichtshof, BGH), if the court computer misses the do...
DE: Advance on transport costs due to subsequent performance
Civil LawAccording to the German Federal Supreme Court (Bundesgerichtshof, BGH), a valid request for subsequent performance by the buyer requires that the object of sale be made available at the place of delivery of the subsequent performance. The buyer is en...
DE: Rebuff of the "day-by-day" calculation for damages upheld
Civil LawIn its ruling of March 22, 2022, the German Federal Supreme Court (Bundesgerichtshof, BGH) confirmed its abandonment of the "day-by-day" method of calculating damages for pain and suffering. The method also appeared to be unsuitable as a "plausibilit...
DE: BGH rejects "day-by-day" calculation of damages for pain
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) turns its back on the "day-by-day" calculation of damages for pain and suffering. In the case at hand, the plaintiff suffered significant injuries in a traffic accident. As a result, his right...
DE: Is the state liable in case of a corona-related business closure?
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) decided: A restaurateur is neither entitled to compensation nor to damages against the state due to a corona-related area-wide temporary business closure. In the case at hand, a restaurateur h...
DE: Bill to simplify cross-border deliveries between EU member states
Civil LawA new draft law of the Federal Government aims to significantly simplify and accelerate the taking of evidence and cross-border deliveries between EU member states. In the future, requests for legal assistance between individual member states are to ...
DE: Reasonableness of personal delivery of a brief
Civil LawIf a court handling an application for reinstatement considers the personal delivery of a brief to be a reasonable means of delivery, the applicant must be given the opportunity to respond before the decision on reinstatement is made. If this is not ...
DE: Provisional application of CETA upheld by BVerfG
Constitutional LawThe German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) had to decide on an action filed by the Left Party (“Die Linke”) parliamentary group in the Bundestag and on other numerous constitutional complaints against the provisional a...
DE: Government liability denied in diesel scandal
European LawThe Federal Republic of Germany is not liable in the context of the "diesel scandal" for any defective application and implementation of EU law. In the present case, the plaintiff claims official liability against the defendant Federal Republic of Ge...
DE: BGH on the basis for personal legal liability
Civil LawThe acting representative of an entrepreneurial company is personally liable if the company appears in external relationships without any indication of the legal form and reference to the limitation of liability, according to the German Federal Supre...
DE: Principle of the right to be heard in the case of online information
Civil LawAccording to the German Federal Supreme Court (Bundesgerichtshof, BGH), in order for a court to be able to use information obtained from the internet as a basis for a judgement, the results of the research must first be shared with the parties and th...
DE: Wirecard investors sue BaFin
Civil LawThe Frankfurt am Main Regional Court had to decide on four claims for damages brought by Wirecard investors against the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin). In the middle of 2020, the balan...
DE: Preliminary ruling: Legal impact of satisfaction guarantees
European LawThe German Federal Court of Justice (Bundesgerichtshof, BGH) has asked the Court of Justice of the European Union (ECJ) to clarify, in the context of a preliminary ruling procedure, the question whether a guarantee exists when a trader grants a right...
DE: Diesel scandal - mandatory top-up for better replacement model
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) once again had to address a buyer's claim for supplementary performance with regard to a defective new vehicle due to an inadmissible deactivation device. In response to the decision as to whe...
DE: The ERP Economic Plan Act 2022
Public LawTo strengthen the German economy, the Bundestag has now passed the European Recovery Program (ERP) Economic Plan Act for the calendar year of 2022. Funding for small and medium-sized enterprises is to be significantly increased, thus facilitating opp...
DE: Holiday compensation claim as obligation of the insolvency estate
Civil LawAccording to the German Federal Labour Court (Bundesarbeitsgericht, BAG), a claim for unused holiday pay in the full amount is classified as an obligation of the insolvency estate if a strong provisional insolvency administrator still claims the empl...
DE: New law for fair consumer contracts
Civil LawThe Fair Consumer Contracts Act aims to make it easier for consumers to opt out of contracts that are typically longer term, such as smartphones, streaming services, fitness studios or electricity and gas supply. Above all, new regulations were creat...
DE: International jurisdiction in the case of a flight booking
Civil LawIn the case of an outbound and return flight agreed as a single service, the place of departure is the relevant destination for the place of jurisdiction. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), the agreement of a sing...
DE: Reduction of commercial lease payments in the lockdown
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) granted tenants of commercially used premises a right for lease adjustment as a result of a lockdown. However, all individual circumstances, such as state aid as well as loss of turnover or in...
DE: Legislator must regulate triage for people with disabilities
Public LawThe German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) sees an urgent need for action to protect persons with disabilities from disadvantages in a (pandemic-related) triage situation. It orders the legislature to take appropriate ...
DE: Consumer's debt assumption for an overdraft loan - Can he withdraw?
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) ruled on the question of the extent to which a consumer has a right of withdrawal when joining a debt assignment and assumption agreement to secure an overdraft. Small businesses often refinan...
DE: Contents of the grounds for appeal? - Can it also be improved?
Civil LawA statement of the grounds for appeal must - in order to meet the substantive requirements - refute all the arguments mentioned regarding the rejection of the claim in the dismissed judgment. Overlooking just one argument leads to inadmissibility of ...
Negative interest ILLEGAL: Courts stand behind consumers
Civil LawThe next blow for German banks - after the illegal fee increase, negative interest rates must now be paid back to individual customers. The Berlin Regional Court ruled for the first time that negative interest charged on checking (giro) and savings a...
DE: Failed property purchase - "reservation fee" to be refunded
ZivilrechtThe Regional Court of Cologne had to decide whether a "reservation fee" paid to secure the purchase of a property must be refunded if the purchase contract is not concluded. In the present case, the defendants had offered a property to build a house ...
DE: VW diesel scandal: Withdrawal only with prior setting of a time limit
The German Federal Supreme Court (Bundesgerichtshof, BGH) had to decide whether buyers of a vehicle affected by the diesel scandal can withdraw from the purchase contract even if they have not previously given the seller an opportunity to remedy the ...
DE: Giro contract - no implied new contract in case of insolvency
If a debtor's checking (giro) account contract lapses due to the opening of bancruptcy proceedings and the bank is not aware of the bankruptcy proceedings, actions of the bank after the debtor's self-employment has been released cannot be interpreted...
DE: VW diesel scandal - assessment of the benefit of use with leasing
In September 2021, the German Federal Supreme Court (Bundesgerichtshof, BGH) ruled that no claim for reimbursement of the leasing instalments can be made for a leased vehicle affected by the VW emissions scandal. This is because the benefit of a leas...
DE: Digital contract generator "smartlaw" is permissible
The German Federal Supreme Court (Bundesgerichtshof, BGH) had to decide whether the legal-tech application "smartlaw", a contract document generator that creates various legal documents with the help of a question-answer system and saved text modules...
DE: "Rail to Fly" ticket as part of the package trip
The German Federal Court of Justice (Bundesgerichtshof, BGH) ruled in June 2021 that a so-called “Rail to Fly” ticket, if it is listed as an “advantage” when booking a package holiday without any reference to an additional fee, can be used as a servi...
DE: Right of contestation of a GmbH shareholder
In its ruling, the German Federal Supreme Court (Bundesgerichtshof, BGH) confirmed the comprehensive legitimising effect of the list of shareholders of a limited liability company (Gesellschaft mit beschränkter Haftung, GmbH) and ruled that, in princ...
DE: Extended liability period of a limited partner
The German Federal Supreme Court (Bundesgerichtshof, BGH) was obligated to decide when, in the case of a reduction in the liability amount of a limited partner, the five-year period of extended liability under Section 160 of the German Commercial Cod...
G: Rights against social network providers for deletion of posts
According to the Federal Court of Justice (Bundesgerichtshof, BGH), users of the social network Facebook have a right to the unblocking of the post that was blocked and deleted under the accusation of hate speech and for the injunction of a renewed a...
G: Part 2: MoPeG - Major Changes for the GbR
On January 1, 2024, the Act on the Modernisation of the Law on Partnerships (Personengesellschaftsmodernisierungsgesetz - MoPeG) is to come into force. The reform focuses on the civil law partnership (Gesellschaft bürgerlichen Rechts, GbR) with the r...
G: Loss participation in the case of a "contribution in arrears”
According to the Federal Supreme Court (Bundesgerichtshof, BGH), the contribution obligation still outstanding at the time of the departure of a limited partner is to be considered as a contribution in arrears according to Section 167 para 3 of the G...
G: Repayment of early repayment penalty paid to bank
The Federal Court of Justice (Bundesgerichtshof, BGH) rejected a bank's appeal against non-admission and upheld the judgment of the Higher Regional Court (Oberlandesgerichts, OLG) of Frankfurt am Main in the dispute over prepayment penalties. The rig...
D: Inadmissibility of Booking.com's "narrow best price" clause
Booking.com's so-called "narrow best price clause" is not compatible with antitrust law. In future, partner hotels may no longer be prohibited from offering rooms at lower prices on their own websites. This clause restricts competition for offering h...
Germany: Part 1: Modernization of German Partnership Law
Corporate LawThe long-awaited Act on the Modernization of Partnership Law (Personengesellschaftsmodernisierungsgesetz, (MoPeG) is now scheduled to come into force on 01.01.2024. The outdated provisions of partnership law will be adapted to current case law and th...
Germany: Legal expenses insurance must inform of invalid clauses
In its ruling of 31 March 2021, the Federal Supreme Court of Germany (Bundesgerichtshof, BGH) declared a clause of the general terms and conditions of a legal expenses insurer to be invalid, which, for a temporal classification of a legal expenses ca...
Germany: New competition rules for large digital corporations
On the basis of the newly created Section 19a of the (German) Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB), which came into force at the beginning of the year through the 10th GWB amendment (GWB-Digitalisierungs...
D: draft on new regulation of the professional law of lawyers
A government draft submitted by the German Federal Minister of Justice and Consumer Protection provides for a comprehensive new regulation of the professional law governing professional practice companies for lawyers and tax advisors. The aim of the ...
German federal government proposes "Legal Tech Act"
Public LawThe government draft for an "act to promote consumer-friendly offers in the legal services market" of the German Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz, BMJV) provides for relaxatio...
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