News

Enforcing damage claims in court is often associated with a high financial risk and organisational effort, even for institutional investors and companies, which is why injured parties often refrain from doing so. In such cases, assignment models and litigation funding can be the solution: injured parties can enforce their claims cost-effectively in court - sometimes even without being a party to the proceedings themselves.

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In a landmark judgment, the European Court of Justice (ECJ, C-611/22 P and C-625/22 P) has denied the EU Commission's authority under Article 22 of the European Merger Control Regulation (EUMR) in the Illumina/Grail case. The EU Commission is not entitled to initiate or accept the referral of proposed concentrations that lack a European dimension by national competition authorities if they are not responsible under national law for reviewing these transactions.

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Oppenhoff has appointed Franziska Katterbach as a new partner in its Life Sciences/ M&A department at the Frankfurt office as of 1 October 2024. Previously, she built up the European business as Managing Director at Khiron Life Sciences, a manufacturer and distributor of medical cannabis and operator of clinics.

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Oppenhoff has advised the Saint-Gobain Group on the sale of the automotive supplier FREEGLASS GmbH & Co. KG to Hannover Finanz as part of a carve-out.

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Oppenhoff has once again comprehensively advised the EIC Fund on its German investments. This time, the EIC Fund invested in the Munich-based start-up Reverion GmbH together with, among others, the US-based lead investor Energy Impact Partners (EIP) and Honda Motor.

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Class actions against Vodafone, Amazon and DZN are currently causing a stir. They are a cross-industry risk that companies should prepare themselves for. Find out below all you need to know about class action lawsuits and how you can prepare for the associated risks.

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Oppenhoff has provided comprehensive legal advice on the foundation of the Icon League, which was established by world-soccer star Toni Kroos and the well-known German streamer Elias Nerlich (alias Eligella or EliasN97).

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In 2018, the German legislator introduced a model declaratory action for the first time – prompted by the wave of lawsuits in the wake of the diesel scandal. Since then, mass actions have become an integral part of the German litigation landscape.

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A new ruling by the European Court of Justice (ECJ, judgment of 29.7.2024, C-298/22) focuses on the limits of the exchange of information under EU antitrust law. The Court clarifies when an exchange of information constitutes a restriction of competition "by object" within the meaning of Art. 101 TFEU.

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Oppenhoff has comprehensively advised the shareholders of the family-owned company Sassa Mode Group on the complete takeover by the Dutch HVEG Fashion Group.

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The amendment to the German Federal Immission Control Act (Bundes-Immissionsschutzgesetz, BImSchG) is in force. The aim of the amendments is to accelerate approval procedures. The expansion of wind energy, in particular, should benefit from this, without climate protection being neglected.

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The new German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung, AWV) came into force on 23 June 2024. The new regulations only affect a few economic sectors and are partly of an editorial nature. Nevertheless, the amendment is noteworthy as it expands the controls on dual-use goods at national level and creates new criteria for incurring fines.

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On 28 June 2024, the Bundestag unanimously passed an amendment of the German Shop Constitution Act (Betriebsverfassungsgesetz, BetrVG) in order to eliminate legal uncertainties concerning works council remuneration, which has always been a complex issue. We explain the amendment and show you why this issue will remain problematic.

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Oppenhoff has advised VSE AG on the decommissioning and dismantling of the coal-fired power plant in Ensdorf, Saarland. The power plant will now be dismantled by 2027 and a new area created for industrial and commercial use.

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With some delay, the EU adopted the fourteenth package of sanctions against Russia on 24 June 2024. With this, the EU has sanctioned further natural persons and legal entities, extended the embargoes and adopted further measures to fight circumvention of the sanctions. However, the anticipated extension of (absolute) liability for foreign subsidiaries has not been included in the new regulations.

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Oppenhoff has appointed three lawyers from amidst its ranks as junior partners with effect from 1 July 2024: Moritz Coché (Employment Law), Martin Brandenburger-Nonnast (Tax Law) and Patrick Vapore (Litigation & Arbitration).

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The government is hoping to relieve the economy of bureaucracy through a multitude of individual measures. On 19 June 2024, the German government supplemented the draft of the Fourth Bureaucracy Relief Act (Bürokratieentlastungsgesetz IV, BEG IV), which also contains numerous changes of relevance to labour law. The motto is: “digital services as opposed to analogue relics”. In this second issue of our Focus on Labour Law 2024, we summarise for you the most important planned changes and, as usual, report on many practice-relevant labour law decisions and innovations.

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Oppenhoff has advised Finanz Informatik GmbH & Co. KG, digitisation partner of the Sparkassen savings banks, on the negotiation of a comprehensive company collective agreement with the trade union ver.di. The collective agreements include provisions on working hours and remuneration, pension schemes and time credit accounts. The overall package also includes comprehensive transfer regulations for employees switching to the company collective agreement.

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The reintroduction of the subsidisation of affordable housing within the framework of non-profit law has been a contested issue for years. Its reintroduction was intended to create a new dynamic in the construction and long-term social commitment of affordable housing. The draft bill of the German Annual Tax Act 2024 (Jahressteuergesetz 2024) was published on 5 June 2024. The regulations on non-profit housing fall well short of expectations and will doubtlessly miss their targets. Hopefully, there will be improvements here.

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Oppenhoff has advised Suprajit Engineering Ltd. on the acquisition of the business operations of the SCS Group. In addition to the assets of SCS Germany, in which the operational business is bundled, the listed Indian group is also taking over the worldwide business operations of the SCS Group with locations in Poland, Morocco, Canada and China.

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Oppenhoff has advised the Wilms Group on the sale of a majority holding in Südkabel GmbH to Sumitomo Electric Industries, Ltd. The transaction is subject to clearance from the relevant antitrust authorities.

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We have compiled some important and exciting new developments and case law from IT law and data protection for you. We hope you enjoy reading it!

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Oppenhoff has comprehensively advised independent pan-European private equity investor Argos Wityu on the acquisition of a majority stake in the regionally market-leading Karl Schmidt group from private equity owner Odewald KMU. The management will retain a minority stake and will continue to lead the company.

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The excitement and anticipation are mounting. However, it is not only the rules of the football match itself that need to be observed during the upcoming UEFA Euro 2024, but also a num-ber of labour law requirements if employees are to avoid falling foul of labour law. From fol-lowing the match via live ticker to flexible holiday planning, the UEFA Euro 2024 poses chal-lenges for companies and employees alike. The following guidelines highlight the main poten-tial (conflicts) to be avoided to ensure that nothing stands in the way of an unadulterated en-joyment of the match.

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Oppenhoff has advised the plant operator Energie Hub Moorburg GmbH on the preparation and implementation of the dismantling of the hard coal-fired power plant in Hamburg Moorburg. In future, the site is to be used for renewable energies and the production of green hydrogen.

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