News-Archive

In January 2019, the Coal Commission appointed by the Federal Government presented its proposals for shaping the structural change in Germany arising from its energy and climate policy. As an essential measure, it recommends ending coal-fired power generation by 2038 at the latest. This proposal follows a first - as yet not officially published - working draft of the Federal Ministry of Economics and Technology [Bundeswirtschaftsministerium, BMWi] for a Hard Coal Exit Act [Steinkohle-ausstiegsgesetz]. A gradual reduction of coal-fired power generation by 2038 is planned, which is to take place in particular in the form of tenders and decommissioning premiums. An official draft bill is already expected this autumn.

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We are pleased to send you the first issue of Deal Points, Oppenhoff & Partner's newsletter on M&A and private equity matters. In this first issue, we report on news on the Transparency Register, developments in W&I insurance and the legal concept of group entry control. We take a detailed look into developments in Foreign Direct Investment control. You will also find information on recent court decisions and get to know our new Frankfurt partner and notary, Anne Vins-Niethammer.

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A first draft by the German Federal Ministry for Economic Affairs and Energy [Bundesministerium für Wirtschaft und Energie, BMWi] for the 10th amendment of the German Act against Restraints of Competition [Gesetz gegen Wettbewerbsbeschränkungen, GWB] is now available. One focus of the amendment is going to be on digital markets.

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Amazon has announced that it will be changing its business terms and conditions for retailers operating on its online marketplace worldwide. In return, the German Federal Cartel Office (FCO) [Bundeskartellamt] will close its proceedings for abuse of a dominant market position.

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In the second quarter of 2019, the ECJ’s decision of 14 May 2019 (docket No. C-55/18) obligating member states to have employers implement an effective and accessible working time recording system with which the working time actually worked by employees could be measured daily, objectively and reliably, caused considerable uproar in the media.

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On May 08, 2019, the German Federal Ministry of Finance (Bundesfinanzministerium) presented the draft of the "Act on the Further Tax Stimulation of Electric Mobility and the Amendment of Further Tax Regulations". This draft now regulates, among other things, the tightening of legislation in connection with real estate transfer tax (RETT) for so-called Share Deals, i.e. share transfers involving companies owning real estate, which was already discussed at state level in June 2018.

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Almost unnoticed by traders and consumers, the new Geoblocking Regulation came into force in December, which largely prohibits a differentiation according to nationality and place of residence for online purchases. In future, traders will no longer be allowed to simply block or redirect customers from other EU countries.

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In a recently published judgement dated 20 December 2018 (17 Sa 11/18), the Higher Regional Court [Landesarbeitsgericht, LAG] of Baden-Württemberg commented in the context of an unfair dismissal case on the scope of the right to inspect files under employment law and right to the disclosure of information under data protection law. This gave rise to several recommendations for dealing with the disclosure claim under data protection law as well as for the implementation of whistleblower systems and internal investigations.

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The first quarter of the new year 2019 is drawing to a close and the employment courts are producing a steady flow of practice-relevant decisions. Hardly any other field of law is ‘tweaked’ on almost a daily basis in such a way as employment law. For company personnel work, therefore, it is essential to be aware and keep abreast of the developments in employment law jurisprudence. Only in this way can a legally sound organisation and management of the work performance of innumerable employees be achieved. The legislator is far less active when it comes to setting the course of employment law. Nevertheless, even the Federal Government consistently sets strong accents, currently with its considerations on the "Home Office Act" [Home-Office-Gesetz]. We will report on this as soon as a draft bill becomes available. At the moment, drafts of the Act on the Immigration of Skilled Workers [Fachkräfteeinwanderungsgesetz] and the Act against Illegal Employment and Social Benefit Fraud [Gesetz gegen illegale Beschäftigung und Sozialleistungsmissbrauch] are already available and are presented by us below.

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German court decisions on issues relevant to private equity (“PE”) transactions are traditionally rare. A recently published decision of the Stuttgart Regional Court on leaver-clauses used in management participation agreements is noteworthy.

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