Dear clients, partners and friends, | This is the spring edition of our newsletter and we have again prepared a bundle of interesting articles on legal developments in Germany and the EU for you. Also, we continue to present the people of our firm in a portrait and some entertaining information on German traditions or current events.
Spring usually is considered the time of hope, of new beginnings and – love. This year, with the world in continuous crisis mode, it is hard to develop so called spring feelings. By the way, the word “Krisenmodus” (German for crisis mode) was recently selected as word of the year for 2023 by the German Language Society (GfDS). However, to speak of the brighter events in our country, today we put some focus on the summer, which this year will see Germany host the UEFA European Championships. Even though the Germans themselves look with mixed feelings at their own football team this year, there is hope that the event may lead to a new “Sommermärchen” (a Summer’s Tale) as the 2006 World Cup is called still today in Germany. In 2006, the entire country turned into a gigantic fan zone and the Germans welcomed visitors from all over the world to celebrate together
with them, no matter what the performance of their own team - which surprisingly ended third that time - looked like. We will tell you a bit more about this big upcoming event in this edition of our newsletter. Last but not least, four cities where FGvW has offices are amongst the host cities where matches of the tournament will take place: Berlin, Frankfurt, Hamburg and Cologne. So, if you come to Germany for a football match this summer, do not miss to pop by and see one of our colleagues for a coffee and a chat.
With our best wishes,
Friedrich Graf von Westphalen & Partner
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| Limited Liability Company Law: (No) objection to the list of shareholders when shares are redeemed
If shares in a limited liability company are redeemed, the shareholder concerned must protect himself against the loss of his shares and voting rights. A current decision by the Berlin Court of Appeal reminds of that. read more >
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| Corporate Law: "Institute" as part of a company name is no longer impermissible in general
A company name with the element "Institute" may be permissible. This applies in the event that further additions avoid the impression that the company is a scientific institution. read more >
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Corporate Law: New filing fees under German Foreign Direct Investment Regime
Since January 1, 2024, the Federal Ministry for Economic Affairs and Climate Protection ("BMWK") has been charging fees for investment control services, among other things, for the first time. The legal basis for the new fee collection is the Federal Fees Act and the "Special Ordinance of the Federal Ministry of Economics and Climate Protection and the Federal Office of Economics and Export Control on fees for War Weapons Control, Export Control and Investment Control" ("BMWKB-GebKAIV"), which came into force on September 16, 2023. read more >
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| Corporate Law: The shareholders’ list of a limited liability company - declaration of knowledge and no act allowing for representation by a third party
The list of shareholders of a limited liability company (GmbH) is a declaration of knowledge and its submission to the competent commercial register constitutes an act not allowing for representation by a third party. This was decided by the Higher Regional Court of Brandenburg. read more >
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| Corporate and Data Protection Law: Right to information about co-shareholders
The shareholder of a public company is entitled to information about the names, addresses and shareholdings of the co-shareholders. The assertion of this right does not constitute an impermissible exercise of rights or an abuse of the right to information, even if it serves, among other things, the purpose of submitting purchase offers to the co-shareholders for their shares. This was decided by the Federal Court of Justice. read more >
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| Labor Law: Works council can demand equipment with tablets or notebooks
The works council can demand that the employer provide each works council member with a tablet or notebook to enable its members to participate in works council meetings via video conference, provided that the requirements of Section 30 (2) of the Works Constitution Act (BetrVG) are met, according to a decision by the Munich Higher Labor Court. read more >
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| Medical device law: Are changes to the Medical Device Regulation imminent?
The Medical Device Regulation (MDR), which has been in force since May 2021, continues to pose major implementation problems for the medtech industry, which is why we would like give a temporary update on the current discussion. read more >
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Product Liability: German Federal Court of Justice on burden of proof requirements: No product liability for breakage of a ceramic inlay in a hip prosthesis
The 6th Civil Senate of the German Federal Court of Justice dismissed the appeal against the manufacturer in proceedings concerning alleged manufacturing, design and instruction errors in connection with the breakage of the ceramic inlay of a hip prosthesis and, moreover, confirmed (for the time being) the established rules on the burden of presentation and proof in this respect. read more >
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Germany – Good to know – The European Football Championship 2024
Football, or "soccer" as the Americans say, is undoubtedly by far the most popular sport in Germany and is considered by many Germans to be nothing less than the world's greatest pastime. Therefore, the upcoming European Football Championship which will take place in Germany from June 14 until July 14, 2024, is more than just a sports event for passionate football fans but rather a sports festival for everyone. read more >
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| Leaders League: Best Law Firms 2024 - Labor & Employment Law and Insurance Law. read more >
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| azur 100: FGvW again among the azur100 - Top employer: Trademark and Competition Law. read more >
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| Legal 500 Germany 2024: FGvW again leading law firm. read more >
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