News

The Chilean Environmental Impact Assessment Service (“Servicio de Evaluación Ambiental”, SEA) published a 34-page document on 29 March 2023 that sets out new criteria for assessing the environmental impact of green hydrogen production projects.

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Oppenhoff has once again comprehensively advised the EIC Fund on its investments in Germany. This time, the company invested in the tech start-up Nyris GmbH.

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The first two sentences of the draft act amending the energy price brakes published on 5 April 2023 already indicate that this is unlikely to be the last amendment to the Gas and Heat Price Brake Act (Erdgas-Wärme-Preisbremsengesetz, EWPBG) and the Electricity Price Brake Act (Strompreisbremsegesetz, StromPBG). It describes the price brakes as having been "drafted and put into effect in the last quarter of 2022 within a very short time." In light of initial experience gained with the acts’ implementation, "various adjustment requirements, mainly of a technical and editorial nature, have been identified".

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If an employee of a company wishes to obtain information about their processed personal data and the company fails to comply, this can potentially be costly. In this context, the German Federal Labour Court [Bundesarbeitsgericht, BAG] was also against an obligation to represent and prove the concrete occurrence of damage in the event of a failure to provide information. A final decision by the ECJ is pending, however. We explain what companies need to watch out for in this connection.

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Oppenhoff has advised the shareholders of Hermann GmbH Maschinenbautechnologie (HemaTec), Germany's leading manufacturer in the field of hydraulic steel engineering, on the investment by the financial investor VORSPRUNG. The sellers are remaining on board and, together with the investor, will expand HemaTec's pioneering role in hydraulic steel engineering.

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Find out more about our IT law & data protection practice group - now regularly summarised for you at a glance! Enjoy reading!

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Oppenhoff advised the industrial insurance broker MRH Trowe on the minority investment by private equity investor TA Associates. The transaction is subject to EU merger control clearance.

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Oppenhoff advised the Kassel-based EAM Group on the acquisition of Landgraf Energietechnik GmbH. As a future subsidiary of the EAM Group, Landgraf Energietechnik, which was previously family-owned, will contribute its comprehensive expertise in the areas of sanitary, heating and air conditioning.

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The German Federal Fiscal Court (Bundesfinanzhof, BFH) ruled on 23 November 2022 that real estate located in Germany can be transferred tax-free by way of foreign bequest if neither the testator nor the beneficiary have their domicile or habitual residence in Germany. In the case of German nationals, an additional prerequisite is that they already gave up their domicile or habitual residence in Germany over five years ago.

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The new Focus on Labor Law: We provide information on the BAG's decision on the recording of working hours, the ruling of Germany's highest labor court on equal pay for men and women, the current status of the Whistleblower Protection Act, the statutory co-determination of employees in the event of a cross-border change of legal form and the cross-border splitting of companies, as well as on the perennial topic of "workation".

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Corporate insolvencies with major consequences, complex restructuring processes and “protective shield” proceedings - many companies are currently in or are facing a crisis. Cases such as Galeria Karstadt Kaufhof demonstrate that insolvencies can also indirectly affect a great many companies, with suppliers fearing for their customers and manufacturers struggling with insolvency. Particularly affected: the automotive sector, energy-intensive industries, the care sector, retail and the clothing industry. Existing or impending crises require the right experts.

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Oppenhoff has advised Bethmann Liegenschafts KG on the leasing of the Bethmannhof in Frankfurt. The new tenant of the 7,000 square meter complex opposite Frankfurt's Paulskirche will be the creative center Massif Central.

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Oppenhoff has advised the DEPPE Group on a joint venture with Fahrzeug-Werke Lueg AG regarding the recycling of batteries.

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The German Federal Fiscal Court [Bundesfinanzhof, BFH] has published the first ruling on the taxation of virtual currencies. With its decision of 14 February 2023, it clarifies that capital gains realised by a taxpayer within one year from the sale or exchange of cryptocurrencies such as Bitcoin, Ethereum and Monero are subject to income tax as a private sales transaction.

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The number of so-called “lasting powers of attorney” (Vorsorgevollmacht) in Germany has been rising steadily for years. Nevertheless, the number of people under guardianship due to illness or physical infirmity is increasing. The German Act to Reform Guardianship Law [Gesetz zur Reform des Vormundschafts- und Betreuungsrechts] now aims to strengthen the rights of people who are no longer able to manage their own affairs.

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The ECJ ruled today on various questions referred by the German Federal Labour Court [Bundesarbeitsgericht, BAG] concerning company data protection officers. The decision has been eagerly awaited, as the referred questions concern the fact that a data protection officer was also a member of the works council and the company had justified the dismissal from office due to a conflict of interest. We explain the decision and its implications below.

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Pandemics, wars and climate change lead to supply bottlenecks and shortages of raw materials. This also raises many legal questions regarding the drafting of contracts: Who bears the risk for goods that have already been sold if an upstream supplier cannot or will not deliver? Can the seller contractually adjust his obligation to deliver or his liability for damages vis-à-vis the buyer? How should he actually structure the contract with his supplier?

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Oppenhoff has again comprehensively advised the EIC Fund on its investments in Germany. The fund invested in the biotech start-up iThera Medical and the electro mobility start-up Onomotion.

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Oppenhoff advised Mesterheide Rockel Hirz Trowe AG Holding, the holding company of a leading industrial insurance broker in Germany, on the acquisition of Lurse AG. The sellers Matthias Edelmann and Birgit Horak will both join the group of shareholders of MRH Trowe-Group. Matthias Edelmann will also serve as a member of the management board of Mesterheide Rockel Hirz Trowe AG Holding.

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Cost increases, sales slumps, lack of liquidity: these days, companies are facing major challenges. When a company runs into difficulties, it needs experienced people who have knowledge of such situations and are able to support or even assume the management. To this end, companies are increasingly using the services of Chief Restructuring Officers (CROs) again. We explain what tasks the CRO typically takes on and what points need to be considered for this position from a legal perspective.

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On Wednesday 11 January 2023, the European Commission's Delegated Regulation (EU) 2023/66 of 21 October 2022, updating the list of dual-use items contained in Annex I to Regula-tion (EU) 2021/821 (the “EU Dual Use Regulation”), was published in the Official Journal of the EU. With its publication, the updated list comes into force as of 12 January 2023.

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The commercial law firm Oppenhoff is giving its namesake Michael Oppenhoff a special gift for his 85th birthday: it is endowing the Walter Oppenhoff Foundation with around 250,000 euros, thus securing its long-term future. The Foundation’s name is also being changed to the Walter and Michael Oppenhoff Foundation.

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The dangers in the area of cybercrime have been steadily increasing for years. The risks range from data theft and espionage to IT failures and production stoppages. In view of this, it comes as no surprise that several legislative procedures have already been introduced to raise security standards in information technology. However, with the new NIS-2 Directive, the addressees of the special cybersecurity regulations will increase significantly.

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On 20 December 2022, the German Act on the Introduction of an Electricity Price Brake [Gesetz zur Einführung einer Strompreisbremse, StromPBG] and the German Act on the Introduction of Price Brakes for Piped Natural Gas and Heat [Gesetz zur Einführung von Preisbremsen für leitungsgebundenes Erdgas und Wärme, EWPBG] came into force. Both Acts contain the basic principles of the so-called energy price brake and are intended, among other things, to provide relief for companies in light of the exorbitant rise in energy prices.

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Investments in the health care sector are very popular since the start of the COVID-19 pandemic. In Germany, there has been a particular interest in the strong German medical technology sector during the last years, not only from strategic but also from private equity investors.

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