Cost-stable construction due to risk management in major construction projects

Cost-stable construction due to risk management in major construction projects

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 »

The drittwirkung or the voluntary renunciation of the ‘right of veto’ of the shareholder affected by a statutory reform

The drittwirkung or the voluntary renunciation of the ‘right of veto’ of the shareholder affected by a statutory reform

‘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 »

Constructive support by the employer

Constructive support by the employer

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 »

Reliance on extraordinary circumstances by air carrier succeeds

Reliance on extraordinary circumstances by air carrier succeeds

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 »

Company buyer liability in the event of continuation of the enterprise under the same name

Company buyer liability in the event of continuation of the enterprise under the same name

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 »

The advisory board in family businesses

The advisory board in family businesses

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 »

Right of termination

Right of termination

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 »

Reassignment

Reassignment

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 »

Scroll To Top