April 12, 2018
Every two years, the EU Commission reviews the threshold values for the application of EU public procurement law. Effective as of January 1, 2018, increased sums apply and are directly applicable without further measures by the German legislator. When awarding construction, supply or service contracts, which have to be put ... Read More »
by: Buse Heberer Fromm
April 10, 2018
The Elbphilharmonie in Hamburg, Stuttgart 21, the Berlin-Brandenburg Airport and the State Archive in Duisburg – just to mention a few major construction projects that made headlines. Major public sector construction projects are becoming increasingly expensive and taking longer to complete. The following article sheds light what has to be ... Read More »
April 9, 2018
A management buy-out is the transfer of a company to its (managing) employees or management. It is therefore an interesting instrument for both the current owner and the successor when it comes to small and medium-sized enterprises. In particular in family-owned companies, where there is the lack of an heir ... Read More »
by: Buse Heberer Fromm
April 6, 2018
‘As we said yesterday’ here [1], the General Directorate of Registers and Notaries (‘DGRN’) decided on December 4 on the registration criteria for the registration of drag along clauses and, therefore, on any modification of the Articles of Association that will impact on the rights and obligations of the dissenting ... Read More »
by: Adarve Abogados SLP
April 5, 2018
High quality in the staff composition of the works council helps to ensure peace in the company, enabling a healthy development of the company. The Works Constitution Act (Betriebsverfassungsgesetz; BetrVG) provides for cooperation based on trust between the works council and the employer as one of its cornerstones. A trust-based ... Read More »
by: Buse Heberer Fromm
April 4, 2018
Passengers are entitled to compensation in case of long delays or cancellation of a flight. European Regulation 261/2004 (hereinafter: the Regulation) determines what amount should be compensated. An air carrier does not have to pay compensation in case extraordinary circumstances occurred and the air carrier could not have prevented these ... Read More »
April 3, 2018
The liability based on the continuation of the company name by the company’s buyer is an often-overlooked particularity. Under German law this can have serious consequences for the purchaser. In a recent decision, the Higher Regional Court (Oberlandesgericht) of Hamm examined the question of whether the replacement of the first ... Read More »
by: Buse Heberer Fromm
March 30, 2018
An advisory board can make a valuable contribution to ensuring the quality and objectivity of business management. Approximately 60 percent of German family businesses have set up an advisory board. The Governance Code for Family Businesses (Governance Kodex für Familienunternehmen) recommends it. Why an advisory board? An advisory board is ... Read More »
by: Buse Heberer Fromm
March 29, 2018
According to the Federal Data Protection Act (German Bundesdatenschutzgesetz; BDSG), an operational data protection officer enjoys special protection against dismissal during his or her appointment and one year following the end of the appointment (§ 4f para. 3 sent. 5 and 6 BDSG). For the duration of the special protection ... Read More »
by: Buse Heberer Fromm
March 28, 2018
The theatre stage, which has been on the agenda for years under the title of legally effective collective dismissal in many labour courts, is now being entered by a new extra: the temporary worker. This concerns the following: The defendant ran vocational colleges. The plaintiff was initially employed by the ... Read More »
by: Buse Heberer Fromm
March 27, 2018
Company integration management is not a prerequisite for the reassignment of a night shift to an alternative shift The plaintiff employee works for the defendant as a machine operator. Between 1994 and 2005, he worked an alternative shift (early shift/late shift), and since then he has been working the night ... Read More »
by: Buse Heberer Fromm
March 26, 2018
The final tax reform bill signed by President Trump on December 21, 2017 makes substantial changes to executive compensation paid by private and public companies and non-profit organizations. But it could have been worse. Significant restrictions on nonqualified deferred compensation plans were removed from the final bill. This article briefly ... Read More »
March 23, 2018
Compliance management systems (CMS) – hardly a day goes by without being reported on their necessity. Latest buzzword: tax compliance. What is behind all this? Does tax compliance make sense? What are the benefits of tax compliance? Compliance and tax practice German tax law is complicated and is considered one ... Read More »
by: Buse Heberer Fromm
March 22, 2018
Influencer marketing is widespread. Risks abound. The legal problem with paid posts The legal problem with “paid” posts is that they are not clearly recognizable as advertising. Without any indication that it is advertising, the audience of such a post will understand it as the personal and private opinion of ... Read More »
by: Buse Heberer Fromm
March 20, 2018
After months of speculation, the White House announced yesterday that tariffs will be imposed next week on all aluminum and steel imported into the United States. The concept of imposing tariffs has been impending for months, and it is still possible that the actual tariffs will not be in place ... Read More »
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