News-Archive

In response to the corona crisis, the Federal Ministry of Finance (Bundesministerium der Fi-nanzen - BMF) has issued a letter of 9 April 2020 granting various simplifications for non-profit legal entities. They shall apply retroactively as of 1 March 2020 to 31 December 2020.

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Why have Esprit and Galeria Karstadt Kaufhof applied for the opening of so-called Protective Shield Proceedings (Schutzschirmverfahren)? After all, by initiating such proceedings, the two companies are foregoing both the recently adopted suspension of the obligation to file for insolvency and the extensive state "rescue packages" intended to mitigate the COVID 19 pandemic (short-time work compensation, KfW loans, etc.). So what are the advantages of Protective Shield Proceedings (Schutzschirmverfahren)?

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As we already reported in our Newsflash of 27 March, the COVID-19 (corona) crisis has brought the regulations for screening foreign investments in the EU and in Germany further into focus. Yesterday, the Federal Cabinet approved the draft bill presented by Federal Economics Minister Altmaier to amend the Foreign Trade and Payments Act (Außenwirtschaftsgesetz - AWG).

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On 7 February 2020, the Regional Court of Munich (docket No. 37 O 18934/17) dismissed the most extensive lawsuit in the truck cartel to date regarding a violation of the German Legal Services Act [Rechtsdienstleistungsgesetz – RDG]. In this guest article, Dr. Vanessa Pickenpack and Dr. Daniel Dohrn discuss the decision of the Regional Court of Munich.

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The COVID 19 crisis is currently dominating the everyday life of companies and defining the legal issues of current relevance. For example, many companies are asking themselves whether the strict antitrust rules are actually still applicable during the crisis and whether they are allowed to cooperate with competitors, for example in order to ensure the secure supply of products. In view of the sometimes drastic price increases for products in high demand, many buyers will have wondered whether this price hike is still permissible.

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A team of Oppenhoff & Partner led by Till Liebau provided comprehensive legal advice to the Munich-based private equity fund Family Trust Beteiligungsholding on the acquisition of Ulm-based alphaQuest GmbH.

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At an early stage of the corona pandemic, the German Federal Ministry of Finance [Bundes-finanzministerium, BMF], after consultation with the federal states, announced in a press release dated 3 April 2020 that special payments granted to employees between 1 March 2020 and 31 December 2020 would be exempted from wage tax and social security contributions.

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The current developments with regard to the spread of the novel coronavirus (SARS-CoV-2) also represent a major challenge for the judiciary. Although press releases from various ministries of justice state that the courts are still operating, there are nevertheless considerable restrictions and delays because only an emergency team is still present in the courts, there are access restrictions for the public and the courts are instructed to conduct only those hearings that cannot be postponed.

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The corona crisis poses enormous challenges for medium-sized and large companies alike: companies and their corporate bodies must maintain their capacity to act and, despite the relief provided by the state packages of measures, managing directors, board members and supervisory board members remain obliged to avert economic damage to the company. The following overview identifies the most important organisational and substantive rules for the executive bodies of corporations during the corona crisis.

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Oppenhoff & Partner has advised RheinEnergie AG and EnBW Energie Baden-Württemberg AG on the sale of their total shareholding of 45.1 percent in the listed energy supply company MVV Energie AG.

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