Marc Klaas

Formal Deficiency of an Advance Payment Agreement and Nullity of the Purchase Contract – Federal Court of Justice (BGH), V ZR 8/23 A formal deficiency in an advance payment agreement does not necessarily result in the entire real estate purchase contract being void. If the buyer can prove a payment made in advance towards the…

Judgment of the Cologne Regional Court on Co-Liability in Loans – Case No.: 8 O 232/22 A divorced spouse is not liable for a loan that the ex-partner took out alone during the marriage. This was decided by the Cologne Regional Court in a ruling dated October 19, 2023 (Case No.: 8 O 232/22). Couples…

Judgment of the BGH dated 23.04.2024 – Case No. II ZR 99/22 A post-contractual non-compete clause for managing directors of a GmbH (German limited liability company) can remain valid even if a violation results in the retroactive forfeiture of the non-compete compensation. This was ruled by the Federal Court of Justice (BGH) on April 23,…

Judgment of the Higher Regional Court of Hamm dated April 16, 2024 – Ref. No.: 4 U 151/22 Judgment of the Higher Regional Court of Hamm dated April 16, 2024 – Ref. No.: 4 U 151/22 “Rate your purchase” – customers are often invited to rate their online purchases in such or similar terms. There…

Tax Incentives for Housing through Charitable Purposes In response to high rents and housing shortages, the German government is reintroducing non-profit housing. In early June 2024, the federal cabinet decided, as part of the 2024 Annual Tax Act, to include the “promotion of non-profit housing purposes” as a new charitable purpose in the Fiscal Code…

Correction of the Tax Assessment After an Audit – BFH III R 14/22 If profit is determined using the income-excess method, the manner in which the taxpayer has maintained their records, which only came to the attention of the tax office through an audit, can lead to a correction of a final tax assessment. The…

Ruling of the Karlsruhe Higher Regional Court – Case No.: 5 UF 219/23 After parents separate, it was once common for the children to live with one parent while the other parent had visitation rights, such as on weekends. Nowadays, parents increasingly choose a shared custody arrangement, where the children live alternately with both mother…

Purchase Agreement Not Void Due to Agreement to Evade Taxes – BGH V ZR 115/22 Despite an undeclared cash agreement, a real estate purchase agreement does not necessarily have to be invalid. This was decided by the BGH in a judgment dated March 15, 2024 (Ref.: V ZR 115/22). This is possible if the primary…

Leipzig District Court Opens Preliminary Insolvency Proceedings On July 18, 2024, the Leipzig District Court opened preliminary insolvency proceedings for PREOS Global Office Real Estate & Technology AG (Case No.: 405 IN 1216/24). This puts the money of investors who have invested in the Preos bond at risk. Investors can only register their claims for…

Temporary Revocation of Authority Without Court Order – Judgment of the LG Stuttgart – Az.: 49 O 142/23 According to a remarkable judgment of the Regional Court Stuttgart dated January 23, 2024, it is possible in a partnership company (PartG) to temporarily revoke a partner’s authorization to manage the business without a court order (Az.:…

Judgment of the Regional Court of Koblenz on March 14, 2024 – Case No.: 3 O 457/23 The gifting of savings books can be effective even without an assignment declaration. This was decided by the Regional Court of Koblenz in a judgment on March 14, 2024 (Case No.: 3 O 457/23). Lifetime gifts are an…

Judgment of the Düsseldorf Regional Labor Court dated May 21, 2024 – Case No. 3 SLa 224/24 Work clothing does not need to be liked by every employee, but they usually still have to wear it. The directive to wear specific work clothing is generally covered by the employer’s right to issue instructions. This is…