As we are approaching the end of the year 2022, we would like to update you once more on the latest legal news in Germany and Europe and on recent developments in our firm.
 
When days are getting shorter and temperatures are falling, people tend to move closer together and let the cozy time of the year begin. In Germany, this means above all that Christmas markets are opening, many of them for the first time after a two years’ pause due to Covid19 restrictions. In all cities in which FGvW has offices, namely in Cologne, Freiburg, Frankfurt and Berlin, you will find lovely Christmas markets that do not need to fear comparison with the more famous ones in Nuremberg or Dresden.
 
But other traditional customs here are also linked to the beginning winter times, such as the lantern parades on St. Martin’s day and the opening of the carnival season. In our “Germany – good to know” section of this newsletter, you will learn some interesting facts around these festivities. Such traditions, associated with light, candles, warm fires and joy, are perhaps even more important and appreciated in these turbulent times.
 
We hope that you will find the time to enjoy such cozy moments these days, whatever your local tradition may provide, and  - maybe with a mug of hot tea – that you may also find a moment to read this newsletter, sent to you with best wishes,
 
yours sincerely,

Friedrich Graf von Westphalen & Partner

FGvW expands Corporate/M&A and Healthcare practice - Christina Schröter as new Partner in Cologne
Since September 1, Christina Schröter (43) strengthens our M&A and corporate law practice in Cologne as a Partner, combined with a focus on healthcare. This is a continuation of our growth strategy and the expansion of our Cologne office. read more >

Corporate Law: Duties of managing directors in the internal organization of the company
Managing directors are allowed to take certain risks. In particular, economic expediency is not subject to judicial review. However, the managing director's duty of care requires the dual control principle if the company's activities have a tendency to cause damage. read more >

Law on limited liability companies: Sports betting cheaters cannot become managing directors
Certain criminal offenses prevent an appointment as managing director. The registration in the commercial register requires a proper statement of assurance to the commercial register. The criminal offenses to be mentioned in the statement must be carefully examined. read more>

Construction Law: Construction contract cannot be terminated by e-mail
A construction contract must be terminated in writing. Sending a termination letter by e-mail is not sufficient. read more >

Law on limited liability company: Authority to adopt resolutions at the shareholders' meeting
The authority to adopt a shareholders' resolution may be assigned to the head of the shareholders' meeting by majority resolution of the shareholders. This authorization is not at all only a formal position but can influence the course of shareholder resolutions. read more >

New EU Regulation (EU) 2022/1616 - Recycled plastic materials and articles intended to come into contact with foods
The EU has set ambitious targets as part of the "Green Deal". Among other things, a 50% reduction in food waste per capita at retail and consumer level is to be achieved by 2030. If waste cannot be avoided, at least its economic value should be recovered. The Commission's goal is also for packaging to be reusable or recyclable in an economically viable manner by 2030. read more >

Implementation of food safety management systems
On September 16, 2022, the Official Journal of the European Union published the Commission Notice on the Implementation of food safety management systems covering Good Hygiene Practices and procedures based on the HACCP principles, including the facilitation/flexibility of the implementation in certain food businesses (2022/C d355/01). The new guide updates the previous guide from 2016 and takes into account the latest revisions of relevant legislation. read more >

November 11, a special date
The holiday season is about to start and with it all its popular and cherished traditions and celebrations, some known around the world, others more local. Today, we would like to take a look at two (mostly) German traditions which are celebrated every year on or around November, 11 and may not yet be familiar to everyone outside Germany.  read more >

JUVE Handbook of German Commercial Law Firms 2022/2023: Friedrich Graf von Westphalen is TOP-50 law firm. We are very pleased to have been recommended in nine different areas with a new first time placement of our healthcare practice and several especially mentioned partners: read more >

Leaders League 2023: Further awards in the specialist areas of real estate and M&A - read more >

Focus Spezial - Recht und Rat 2022: FGvW again named top commercial law firm
Once again this year, the news magazine Focus has included Friedrich Graf von Westphalen & Partner in its ranking of "Germany's leading lawyers and corporate law firms". read more >

F.A.Z.-Institut: FGvW is one of the best employers for legal professionals - read more >

iurratio employer ranking REF50: FGvW among the TOP 10 employers for legal clerkships
We are very pleased with the preliminary result of the current iurratio employer ranking: FGvW is among the top 10 employers for legal clerkships in the southern region in 2023. At the same time, the firm is nominated in the same category as a possible winner of the best employer awards. read more >

In each issue of our newsletter, people from our firm introduce themselves personally. This time, it is the turn of Ann-Cathrin Tönnes from our Cologne office. read more >