First a brief roll of thunder from the EP – now a surprising and sky clearing draft by the Commission. Updates on targeted advertising in the EU

The EU Digital Services Act is taking shape – with potential changes for the advertising industry. While voices from the European Parliament (“EP”) preferred a rather restrictive approach, the EU Commission, under the leadership of the responsible Commissioner Vestager, recently released a press release and the proposal for a “Regulation on a Single Market For […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

Law aimed at promoting fair competition passed

The Bundestag and Bundesrat – Germany’s lower and upper houses of parliament respectively – have passed a law designed to promote fair competition, with the legislation expected to curb misuse of warning notices significantly. The German government hopes that the law will ensure fair competition and curtail misuse of warning notices. To this end, the […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Dr. Gerd Müller-Volbehr of ACURIS Rechtsanwälte participated in The Art of Deal Making: Using External Expertise Effectively

Foreword by Andrew Chilvers For ambitious companies eager to expand into overseas markets, often the conventional route of organic business development is simply not fast enough. The other option to invest in or buy a business outright is far quicker but often fraught with unforeseen dangers. And even the biggest, most experienced players can get […]

Dr. Gerd Müller-VolbehrPartner, ACURIS Rechtsanwälte

Obligation to file for insolvency only suspended in cases of over-indebtedness, not illiquidity

There has been a limited extension until December 31, 2020 to the suspension of the obligation to file for insolvency due to the coronavirus pandemic. However, this only applies to cases of over-indebtedness, not illiquidity.   To mitigate the effects of the coronavirus pandemic and prevent a wave of insolvencies, Germany’s federal government decided in […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Matthias Meitner of VALUESQUE participated in The Art of Deal Making: Using External Expertise Effectively

Foreword by Andrew Chilvers For ambitious companies eager to expand into overseas markets, often the conventional route of organic business development is simply not fast enough. The other option to invest in or buy a business outright is far quicker but often fraught with unforeseen dangers. And even the biggest, most experienced players can get […]

Matthias MeitnerManaging Partner, VALUESQUE

SBM Offshore’s “Directional Accounting”: Read-Across to IASB’s Disclosure Project (and to IFRS 10/11)

In 2011, the International Accounting Standards Board (IASB) disclosed a whole package of new and revised standards that all addressed the topic ‘reporting entity’. Amongst these standards were the new IFRS 10 Consolidated Financial Statements and IFRS 11 Joint Arrangements. One of the core messages of these two new standards was: The so far existent policy choice of […]

Matthias MeitnerManaging Partner, VALUESQUE

Business closure due to COVID-19 – Claims against insurer successful

An insurer was forced to indemnify a Munich restaurant for its closure due to COVID-19. The owner’s claim was successful before the Landgericht (LG) München, the Regional Court of Munich (Az.: 12 O 5868/20).   First, restaurant owners, among others, were forced to close their premises in the spring because of the coronavirus pandemic. Then […]

Michael RainerManaging Partner, MTR Rechtsanwälte

COVID-19 – Provider of business closure insurance must pay out

The Landgericht (LG) München – the Regional Court of Munich – recently delivered a judgment requiring an insurance company to pay out on a business closure insurance policy. The restaurant owner in question will now receive substantial compensation because of the closure of his premises due to COVID-19. Many business owners and traders have had […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Urs Breitsprecher of CAPELLE Rechtsanwälte participated in The Art of Deal Making: Using External Expertise Effectively

Foreword by Andrew Chilvers For ambitious companies eager to expand into overseas markets, often theconventional route of organic business development is simply not fast enough. The other option to invest in or buy a business outright is far quicker but often fraught with unforeseen dangers. And even the biggest, most experienced players can get it […]

Urs BreitsprecherPartner, Reef - Rechtsanwälte

Wirecard AG – Shareholders can register claims in insolvency proceedings

Insolvency proceedings concerning Wirecard AG were opened on August 25, 2020 (Az.: 1542 IN 1308/20). Creditors had until October 26, 2020 to register their claims with the insolvency administrator. Wirecard AG filed for insolvency at the end of June. Two months later, insolvency proceedings were opened at the Amtsgericht München – the District Court of […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BFH on taxable income from interest in connection with transfer of house along with plot of land in return for annuity payments

According to the Bundesfinanzhof (BFH) – Germany’s Federal Fiscal Court – transferring a plot of land at a discount in the context of anticipated succession in return for annuity payments gives rise to taxable income from interest. The scenario is not uncommon: the children get a plot of land along with a building within the […]

Michael RainerManaging Partner, MTR Rechtsanwälte