Summer seems to have reached its temporary peak in Germany with high temperatures and school summer holidays beginning in some federal states, while in other states students (and their parents) can’t wait for them to begin. This edition of our newsletter would like to bring you a summer breeze with cool insights into our firm and its people as well as a fresh mix of legal updates from various areas of German and EU law.

What is new this summer? Well, it seems like football (or soccer, as it is called in the US) is everywhere, even in a summer without a men’s World Cup or Euro Cup. Germany already won second place in the European (men’s) Under 21 tournament in June. In the ongoing FIFA Club World Cup the German teams have already been eliminated and Mexico defeated the USA in the CONCACAF Gold Cup– naturally without any German teams involved. Last but not least, the UEFA Women’s Euro is currently taking place in Switzerland, with all hopes of German football fans now on our women’s team.

To some of us, this may seem an overload and proof of the culmination of the commercialization of sport but if we follow the daily news on TV, in the newspaper or our feed, isn’t it almost a treat to be able to relax and watch a match from time to time? Therefore, these days you may find some of FGvW’s lawyers watching games in the evening to cool down from the day’s hustle. If you want to know what we do the rest of the day, you are cordially invited to read this edition of our newsletter.

With our best wishes,

Friedrich Graf von Westphalen & Partner

Sebastian von Lossow strengthens corporate and M&A practice of FGvW
We are further expanding our corporate law and M&A practice group and were strengthened by the addition of lawyer Sebastian von Lossow LL.M. as a partner at our new Düsseldorf's office in April. read more >

Compliance: What to do in case of suspected money laundering
Many businesses are legally required to help prevent money laundering. This obligation is often referred to as "Know Your Customer" (KYC). If a company suspects that a business partner is involved in money laundering, they usually cannot remain inactive. Courts have reinforced this duty in recent rulings. read more >

Corporate law: Reduction of Management Board remuneration in the event of a deterioration in the economic situation of the stock corporation
Management board remuneration can be reduced in the event of a deterioration in the economic situation of a stock corporation. An individual causal contribution to the deterioration of the economic situation is not a mandatory requirement for this but must be taken into account as a significant circumstance in the consideration. read more >

Corporate law: Representation of the monistic SE
A managing director is not authorized to represent a monistic European Company (SE) in a legal transaction with himself. This authorization is reserved to the administrative board. This was clarified by the German Federal Court of Justice. read more >

Corporate law: Company names - How different do companies need to be?
In Germany, the name of a company must be clearly distinguishable from the names of other companies. It is not sufficient for two companies to differ by individual vowels if they otherwise consist of the same or similar words. This has been decided by the Berlin Court of Appeal. read more >

Copy right law: Bundesgerichtshof judgment on copyright protection for Birkenstock sandals
According to the daily press, the recent Federal Court of Justice's "Birkenstock sandals" decision claimed that 'Birkenstock sandals are not works of art and therefore do not enjoy copyright protection'.
However, this bold statement is not correct. Rather, the Federal Court of Justice as the highest instance court is limited to examining whether the Court of Appeal based its decision on the correct legal standards and complied with the procedural rules. read more >

Labor law: Temporary employment - restriction of the group privilege
According to a decision by the Federal Labor Court (Bundesarbeitsgericht, “BAG”), an impermissible temporary assignment of employees may also exist if an employee has been assigned to another group company for several years since the beginning of the employment relationship. read more >

Labor law: Co-determination of the works council in the introduction of desk sharing and clean desk policy
The introduction of desk sharing, like the introduction of a clean desk policy, is not subject to co-determination as a whole. However, a right of co-determination is possible in relation to individual, separable parts of the concepts. This was the subject of a ruling by the Baden-Württemberg State Labor Court on August 6, 2024. read more >

Compliance: Update on the EU Deforestation Regulation (EUDR) in the HealthCare Sector
The EU regulation on deforestation-free supply chains presents companies with new challenges by requiring that commodities such as rubber, palm oil, soy, wood and cocoa are traced along the whole supply chain. 
In this update, we highlight the particular challenges of the EUDR for the healthcare sector, which commodities are affected and how companies in the healthcare sector can prepare for the new requirements. read more >

Compliance: The lawmaker in the box: How new EU legislation impacts money laundering prevention in professional soccer
Preventing money laundering and terrorist financing has become a constant concern for lawmakers. In Germany alone, the Money Laundering Act has been revised sixteen times since 2020. The EU is also taking action, introducing significant new regulations in recent months. These rules no longer just apply to banks and financial institutions - now, professional soccer is also under scrutiny. read more >

Corporate law: Employee involvement in the European Company - latest rulings of the European Court of Justice and the Federal Labor Court
If a European Company (Societas Europea - SE) is established, a so-called negotiation procedure must generally be carried out with regard to the involvement of employees in this company in accordance with the provisions of the SE Participation Act. Even in the absence of an agreement, depending on the constellation, employee involvement already existing at company level can “pass through” to the new SE. read more >

Medical law: The “dream” of a European Health Data Space comes true
On January 21, 2025, the European Health Data Space (EHDS) has been approved by the European Council. It now needs to be formally signed by the Council and the EU Parliament and will then enter into force 20 days after publication in the Official Journal of the EU. Read more about its main objectives and the expected far-reaching consequences for manufacturers.

Medical device law: The “new” Art. 10a MDR
The new Article 10a of the Medical Device Regulation (EU) 2017/745 (MDR) has been in force since January 10, 2025. The regulation entails comprehensive information obligations for all economic operators in the medical device sector. The aim of the regulation is to identify potential supply bottlenecks for certain medical devices at an early stage and thus avoid serious consequences for patients and public health. read more >

The new German government – Old wine in new bottles or a real fresh start?
On May 6, 2025, the German Bundestag elected Friedrich Merz Chancellor. He now leads a two-party coalition government which promised the German voters/population a fresh start and new policy for the country. But how do the political goals set out in the coalition agreement differ from those of the previous “traffic light coalition,” and what do they imply for foreign companies operating in Germany? read more >

Legal 500 Germany 2025: FGvW again named top tier law firm - read more >

FGvW again among the azur100 in 2025 – Top spot among the JUVE Top 50 in terms of associate satisfaction! read more >

We introduce: Francesca Pisacane, our medical device lawyer from our Freiburg office. read more >

We further introduce: Julia Schällig, lawyer in our Freiburg corporate law team. read more >