Friedrich Graf von Westphalen & Partner
Friedrich Graf von Westphalen & Partner

Dear clients, partners and friends,

Today, you are receiving our fall newsletter. After a long summer, which was again marked by the numerous conflicts in this world, autumn is always meant to be a time to bring in the harvest and to slow down after all the work done, at least in nature. A look at the world, however, shows in an appalling way how difficult this is at the moment.

Nevertheless, we have tried to put together an interesting selection of articles on various legal developments in Germany and the EU and hope that you have an enriching read. And if you are looking for a moment of peace in these turbulent times, we recommend a long walk in nature. Here in Germany, the leaves on the trees are now turning colorful and offer a particularly beautiful sight. You can find out more about the Germans' special relationship with their trees and forests in our monthly article on Germany. We hope this leaves you relaxed and inspired.

With best autumn wishes,

Friedrich Graf von Westphalen & Partner

Inside FGvW

FGvW strengthens public law with appointment of public procurement lawyer Alik Dörn as partner. read more >


Legal News Germany

Art Law: The Lost Art Database before the Federal Court of Justice
The Federal Court of Justice (BGH) (ruling of July 21, 2023 - V ZR 112/22) recently had to deal with the question of whether a search report based on true facts for an art painting via the so-called Lost Art Database on the Internet impairs the current right holder in his property right and must therefore be deleted. read more >

Corporate Law: Right of a silent partner regarding information and control
A silent partner may terminate the silent partnership for cause for being persistently denied information despite the information right being only contractually agreed. This was decided by the Hamm Higher Regional Court. read more >

Corporate Law: The German commercial register
The commercial register contains a lot of publicly accessible information on companies and merchants. As a new decision of the German Federal Court of Justice shows that can be relevant not only in contractual relationships, but also in legal disputes. read more >

Corporate Law: Legally secure convertible loans
Convertible loans have been a popular financing tool for investors and young companies in recent years. Yet there is always uncertainty as to when a convertible loan requires notarial form. Courts and literature do not agree on this either, and a decision by the Federal Court of Justice (BGH) is still not foreseeable. This legal uncertainty entails considerable risks, as in case of doubt the entire contract would be null and void. read more >

Hospital reform 2024: What funds and financiers need to know now
The traffic light coalition is planning to reform hospital care. The federal and state governments agreed on key points on July 10, 2023. Federal Health Minister Karl Lauterbach is aiming to draw up a concrete draft law with the participation of the states over the summer. The reform is to come into force on January 1, 2024. read more >

New foundation law in Germany
On July 1, 2023, the new foundation law came into effect. It applies to all foundations with legal capacity under German law (rechtsfähige Stiftungen), i.e. all foundations with the own legal ability to enter into contracts, own assets, and exercise legal rights and obligations. Indirectly, the new legislation also concerns other forms of foundations, such as trusts, as well. read more >

IP-Law: Drone photos of artworks - A borderline between copyright protection and panorama freedom
The Higher Regional Court of Hamm had to deal with the question of whether aerial photographs of fine artworks taken by a drone infringe the artists' copyright or whether such photographs are permissible under the keyword of "panorama freedom" according to German Copyright Act. read more >

IP Law: The Metaverse Series, Part 1: Intellectual Property in the Digital Space - Metaverse, Blockchain, NFT & Co. - Definition, opportunities and risks for companies. read more >

IP-Law: The Metaverse Series, Part 2: Intellectual Property in the Digital Space - Metaverse, Blockchain, NFT & Co. - How do I protect my brand identity in the virtual world? read more >

Labor Law: Termination without notice due to participation in "wildcat" strike
Participation in strikes that are not organized by a union (so-called "wildcat strikes") constitute a breach of the main obligation under the employment contract and may justify extraordinary termination. read more >

EU Law

Labor Law: Indirect Discrimination against Migrant Workers
The free movement of workers precludes the regulation of a member state which makes compensation for loss of earnings in the event of quarantine dependent on the fact that a quarantine measure has been imposed by its own administrative authorities, as such a regulation could lead to indirect discrimination against migrant workers. This was decided by the ECJ in June. read more >

Germany Good to Know

Germany Good to Know: Germany and its Forests
Germany is one of the most densely forested countries in the EU. In the Middle Ages, the forest was conceived as a home of demons, ghosts, witches, and mythical creatures. The Germanic tribes however worshipped trees as the residences of gods. Until today, our trees and forests play an important role in religion and economy as well as with regard to recreation and leisure time. Reason enough to take a closer look at Germany, its forests and the Germans’ relationship to their forests. read more >

FGvW Faces

In each issue of our newsletter, people from our firm introduce themselves personally. This time, it is the turn of our corporate lawyer Maximilian Fessel. read more >


Friedrich Graf von Westphalen & Partner mbB | Rechtsanwälte. Managing Partners:

Carsten Laschet, Cologne

Dr. Sabine Schröter, Frankfurt

Dr. Stefan Lammel, Freiburg

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