The administrative courts of Düsseldorf, Cologne, and Gelsenkirchen have ruled that attempts by the German state of North Rhine-Westphalia to partially reclaim COVID aid are unlawful. In the wake of the coronavirus pandemic, both the federal and regional governments in Germany sought to support businesses, the self-employed, and freelancers with financial aid as quickly and […]
If a commercial agency agreement is terminated without notice, the commercial agent faces the prospect of financial losses and should therefore respond by weighing up and acting on their legal options. Both parties to a commercial agency agreement are entitled to terminate the agreement by giving due notice and without having to provide a justification, […]
International commercial law firm MTR Legal Rechtsanwälte on course for growth
In order to continue to provide the best possible consultancy service to our clients, MTR Legal Rechtsanwälte is proud to welcome new talent to the team. Ensuring that both domestic and international clients receive the best advice and support remains a top priority at our firm. A self-critical, internal evaluation of the services we provide […]
While the concept of force majeure has recently shot to prominence in commercial law due to the coronavirus pandemic and the war in Ukraine, it does not release those concerned from liability in all circumstances. It is not surprising, however, given the profound impact these crises have had on the economy and the various other […]
A prenuptial agreement allows key issues such as the equalization of accrued gains, pension rights adjustment, and alimony to be settled upfront, thus reducing the likelihood of disputes arising in the event of a divorce. And yet prenups are a touchy subject in a lot of relationships, with many a happy couple viewing them as […]
A violation of the General Data Protection Regulation (GDPR) may result in managing directors having to pay compensation alongside the company. That was the verdict of Dresden’s higher regional court, the Oberlandesgericht (OLG) Dresden (case ref.: 4 U 1158/21). The issue of whether, in addition to the company, managing directors, too, can incur liability towards […]
According to a ruling of Germany’s Federal Labour Court (BAG) from September 13, 2022, employers in Germany should already be systematically keeping records of the number of hours worked by their employees (case ref.: 1 ABR 22/21). Previously, the obligation to keep track of working hours only extended to overtime and work on Sundays. We […]
BAG rules on exceeding the maximum assignment duration for temporary agency workers
Temporary agency workers can be recruited for more than 18 months if the relevant collective bargaining agreement contains provisions to this end. That was the verdict of Germany’s Federal Labor Court (BAG) in a judgment from September 14, 2022 (case ref.: 4 AZR 83/21). While German law stipulates a maximum assignment duration for temporary workers […]
BGH weighs in on terminating commercial lease agreements with immediate effect
The tenant has the right to terminate a commercial lease agreement with immediate effect if there are serious grounds for doing so. According to Germany’s Federal Court of Justice (BGH), this includes an incorrect service charge statement (case ref.: XII ZR 11/20). We at the commercial law firm MTR Rechtsanwälte note that both the tenant […]
BGH opines on authorized dealer’s claim for compensatory adjustment
Commercial agents and authorized dealers are not entitled to information concerning the gross profit of the principal for the purposes of calculating their claim for compensatory adjustment. That was the verdict of Germany’s Federal Court of Justice (BGH) in a ruling from September 24, 2020 (case ref.: VII ZR 69/19). Claims for compensatory adjustment are […]
Buyer of a bankrupt business in self-administration not liable for existing obligations
According to Germany’s Federal Court of Justice (BGH), a party purchasing a commercial business going through self-administered bankruptcy is not liable for the existing obligations incurred in the operation of the business (case ref.: II ZR 457/18). Section 25(1) sentence 1 of the German Commercial Code (HGB) provides that the buyer of a commercial business […]
Companies have had to adapt to the changes to distribution law brought about by the revised rules in the EU’s new Vertical Block Exemption Regulation (VBER), which, together with the new Vertical Guidelines, has been in force since June 1, 2022. The Regulation sets out when restrictions on competition are permitted and when they are […]
