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Artificial Intelligence (AI) is now on everyone’s lips. It is transforming our world. At first, Italy banned the use of ChatGPT. Europe puts the worries into perspective. Those who can, make use of the new technology. More and more companies are implementing AI systematically to boost efficiency, e.g. process automation, people analytics and recruiting. It...

In proceedings for interim legal protection, the Berlin-Brandenburg Regional Labor Court dismissed the application for temporary prohibition of measures preparing for a planned works council election (decision dated February 22, 2023 – 4 TaBVGa 1301/22). Facts The decision of the Berlin-Brandenburg Regional Labor Court is based on the following facts: The applicant airline is based...

The registration in the commercial register of the deletion of the company is generally precluded if a complaint has been filed against the company. If the deletion is nevertheless incorrectly registered, a supplementary liquidation must be carried out. The company will not be re-registered in the commercial register. This results from a decision of the...

If a German company wishes to transfer its registered office to a country abroad, this requires a change of legal form to a legal form under the foreign law applicable at the new registered office. Cross-border changes of legal form therefore are time and again of importance in practice. However, the procedure is not that...

An employment of an employee in a prominent position and a permanent conflict with the executive board that goes hand in hand with his powers do not constitute a factual reason for an effective fixed term within the meaning of Section 14 (1) sentence 2 no. 4 of the German Law on Part-Time Working and...

The highest court of the European Union, the European Court of Justice (“ECJ”), has ruled in its current judgment of March 21, 2023 (Case No. C-100/21) that buyers may have a claim for damages even if manufacturers have only acted negligently in using an unauthorized defeat device installed in the vehicle, meaning that they are...

The mere entry of a German limited liability company (“GmbH”) in the Turkish register as a limited sirketi (Turkish limited liability company) does not lead to an effective, form-changing transfer of the registered office. Facts The ruling of the Higher Regional Court (Oberlandesgericht – „OLG“) Zweibrücken was based on a dispute concerning the deletion of...

More than 95% of all companies in Europe are small and medium-sized enterprises (so-called SMEs). They are the economic engine of the EU. However, industrial property rights are often not given the necessary attention in these companies. Yet the protection of intellectual property rights in small and medium-sized enterprises contributes to sustainable business growth. They...

Not every ongoing tax proceeding prevents the termination of the liquidation of a limited liability company (“GmbH”). This was recently decided by the Federal Court of Justice (Bundesgerichtshof, “BGH”). Facts The decision of the BGH was based on a dispute regarding the cancellation of a liquidated GmbH from the commercial register. The company had duly...

Companies face numerous political, social and economic challenges at the beginning of 2023. As in the past year, they are also entering “uncharted territory” in many legal respects. Some things are still under discussion, others are already being implemented. Read this article to find out what companies need to prepare for now. Corporate due diligence...