Bryan Cave Leighton Paisner (JD Supra Germany)

The long-awaited modernization of German securities law has begun! Two Germany ministries have jointly published a draft law introducing a regime for dematerialized securities (electronic securities), including crypto securities, which provides for classic securities function such as bona fide acquisition. In the past, only certain electronic German government bonds could be issued in that way.

The package of measures adopted by the German Federal Government to cushion the effects of the coronavirus is intended to act as a protective shield for employees and companies. This protective shield is based on four pillars. Pillar number two (“fiscal liquidity support for companies”) is intended to improve the liquidity of companies through fiscal aid measures. This Q&A guide is intended...

In view of the impact of the COVID-19 pandemic on the economy, landlords are increasingly concerned about the legal consequences of the current situation with regard to leases, in particular where buildings are still under construction and due to be handed over to tenants in the near future. What applies between parties to such a lease if, for example, travel restrictions or cross-border traffic...

In view of the impact of the COVID-19 pandemic on the economy, companies involved in construction projects are increasingly concerned about the legal consequences of the current situation with regard to contract deadlines and milestones. What applies between parties to a construction contract if, for example, travel restrictions or cross-border traffic jams lead to the loss of workers who have...

What is this all about? Recent speculation on development land and residential area scarcity are no longer solely in the realm of experts. The general public has also been increasingly focused on the application of municipal pre-emption rights as laid out in Sec. 24 ff. of the German Building Code (Baugesetzbuch – BauGB). Even on the tamer side of radical demands such as socializing large real

On 4 June 2019, the Düsseldorf Higher Regional Court overturned a 2015 decision of the German national competition authority (the ‘Bundeskartellamt‘) to ban Booking.com from imposing ‘narrow’ price parity clauses in contracts with German hotels. Price parity clauses (also known as ‘most-favoured nation’ clauses) have been a topic of debate among competition regulators across Europe.

On 4 June 2019, the Düsseldorf Higher Regional Court overturned a 2015 decision of the German national competition authority (the ‘Bundeskartellamt’) to ban Booking.com from imposing ‘narrow’ price parity clauses in contracts with German hotels. Price parity clauses (also known as ‘most-favoured nation’ clauses) have been a topic of debate among competition regulators across Europe.

The Brexit Transition Act (“Brexit-StBG/Steuerbegleitgesetz” – The Act) will allow banks in Germany to terminate the employment of their high paid employees without following the usual strict requirements of German labor law. The Act is still under discussion within the German parliament.

The European Union's General Data Protection Regulation (GDPR) is the most comprehensive data privacy regulation in the world. It also confers upon supervisory authorities – i.e., regulators within the European Union Member States that have authority for data protection – broad reaching powers to conduct investigations and to impose draconian civil penalties of up to the greater of 4% of an...

In a decision of 18 September 2018 the German Federal Supreme Court (Bundesgerichtshof/ BGH, Az: II ZR 152/17) confirmed a legacy decision (ARAG/Garmenbeck) of 1997 and tightened the liability of supervisory board members. Clients need to be aware of the increased liability for Supervisory Board members ("Aufsichtsräte“).

The German Federal Labor Court (BAG) recently held, that employers are not prevented from using grounds which failed to justify a termination in order to file for a subsidiary motion to end employment. Under German dismissal law, employees can only be dismissed on socially justified grounds.

Derived from EU Directive 2001/23/EG, the German law on Transfer of Business (“TUPE”) protects employees in a business transfer situation. As a starting point, TUPE transfers the employment of affected employees from one employer to another on their existing terms and conditions.

The “Große Koalition” (the Grand Coalition) recently concluded a variety of legislative projects which will result in additional headaches, administrative hurdles, thresholds and new deadlines for HR professionals and employment experts. Traditionally, labor and employment laws in Germany have tended to be employee friendly.

Under German law, employees generally apply for holiday during the holiday year so that their claims can be fulfilled. If they fail to do so, their entitlement lapses at the end of the year.

There are few clauses in employment contracts more heavily debated than Non-Competition Clauses (post-contractual non-competes). While employers tend to include them rather easily in order to protect company secrets beyond the term of an employment, strict and mandatory provisions under German law differ from those found in most other jurisdictions.

March 2018 is getting closer and works council (re)elections will again be on the agenda in Germany. We started this three-part blog last November with an overview to this topic and the second part highlighting the election proceedings.

The formation of a new government in Germany has not yet been completed however since February 7, 2018, the coalition agreement has been signed. Such political guidelines were consistently implemented during the last legislative periods.

On 4 December 2017, the Bundeskartellamt (German Federal Cartel Office — FCO) announced it had banned CTS Eventim from having exclusive agreements with its promoter and box office partners. Based in Munich, CTS Eventim is the operator of the largest ticketing system in Germany and holds a dominant position in the relevant market.

March 2018 is getting closer and works council (re)elections will again be on the agenda in Germany. We started this three-part blog last November with Jens Peters` introduction and overview to this topic.

On 19 December 2017, the German Federal Cartel Office (FCO), issued a press release alleging that Facebook had abused its dominant position on the market for social networks in Germany. It specifically alleges that it forces users to sign up on a ‘take it or leave it’ basis to Facebook’s use and collection of their data. Facebook then uses this broad consent to monitor users’ non-Facebook data

Collective redundancies and the complex issue of relevant dismissal thresholds for notification of the German Federal Employment Agency (“Bundesanstalt für Arbeit” or “the Agency”) were already addressed in an earlier June post this year. On November 16, 2017, the Federal Labor Court of Germany (“BAG” or “the Court”) submitted a case (BAG – 2 AZR 90/17) to the European Court of Justice(“ECJ”)...

“Works Councils – not again!” Every four years there will be new elections for the most important employee representative body in Germany. This coming March 2018 works council (re)elections will (again) take place in Germany.

It was hard work and in the end a close call. Up to the very end, it was unclear whether the “Company Pension Strengthening Act” (Betriebsrentenstärkungsgesetz) (“the Act”) would fail or succeed. On January 1 2018, most parts of the Act will come into force. The Act will bring the biggest reform of the company pension landscape in Germany since the enactment of the Company Pension Act (Betriebs

Effective 8 June 2017, the 9th Amendment to the German Act against Restraints of Competition delegated more competences and ways to investigate to the Bundeskartellamt (German Federal Cartel Office — FCO) with respect to consumer protection, affecting especially retail businesses and digital markets. Since its founding in 1958, the FCO was called upon when talking mergers, cartels or...

On 13 July 2017 the German Federal Cartel Office (FCO) announced the imposition of fines amounting up to €9.6M on three European heat shield manufacturers for the automotive industry. A fourth company involved in the agreement was not fined since its cooperation helped disclose the existence of the cartel and provide essential evidence in the investigation, which commenced in 2013.

On June 9, 2017, the 9th amendment of the German Act against Restraints of the Competition (GWB) came into effect. The most significant changes affect the liability for cartel fines, the application of merger control and the compensation for cartel damages.

July 18, the European Court of Justice (ECJ) followed the Advocate General`s motions to hold German laws on Employee Representation on Board Level do not violate EU law. Thus, the exclusion of all employees of global group entities employed outside of Germany in participating in employee representatives elections is not discrimination based on nationality.

Although Germany faces next elections in September, the current government still establish new employment law acts, inter alia the new Act to Promote Transparency of Pay Structures (Entgelttransparenzgesetz) which came into effect July 6 2017. In an effort to advance pay equity between men and women who perform the same work or work of equal value, the new act will allow employees, starting...

In order to protect brand image, the quality of pre-sale service, and the pricing structure of their products, manufacturers undertake a variety of measures to sell products to their retailers. Thus, clauses which prohibit retailers from using price comparison engines within selective distributions systems have enjoyed a certain amount of popularity in recent years.

Provided the European Court of Justice (ECJ) follows the Advocate General, German employee representation on the board level does not violate EU law and may be restricted to employees in Germany. A good decision, says Michael Magotsch, labor law specialist at Bryan Cave. In the case of a different ruling by the ECJ, corporations in Germany would be obliged to review existing or to create new...