News

The Federal Court of Justice has confirmed that the managing director of a limited liability company (GmbH) with whom a post-contractual non-competition clause is agreed does not have to be guaranteed and later paid compensation. If compensation is nevertheless promised, the contracting parties are free to agree on the amount and can also effectively agree...

If the chairman of a works council attends private appointments instead of a booked training course during his working time and subsequently makes false statements in his time recording, this justifies an extraordinary dismissal without notice due to working time fraud. This was held by the Higher Labor Court of Lower Saxony in a ruling...

The processing of personal employee data – including health data – is permissible under data protection law if this is done within the framework of a legal mandate, whereby a mandate under national law is sufficient in this case. This was recently clarified by the Federal Labor Court (judgment of June 20, 2024 – 8...

The list of shareholders of a limited liability company (“GmbH”), which is publicly filed in the commercial register, shows the shareholders at a glance. What must be entered in the list of shareholders is regulated by law. Anyone who accidentally discloses too much information (e.g. their private address) has bad luck: as a ruling by...

With Dr Elmar Bickert, another construction and real estate law specialist is joining our law firm as of 1 July 2024. After Dr Jessica Hanke had already strengthened the Cologne team as a partner in June 2024, FGvW is now gaining another experienced real estate lawyer at its Berlin office alongside the established Jörg Michael Siecke. Dr Elmar...

The EU directive on common rules for the promotion of the repair of goods will oblige manufacturers and, in certain circumstances, importers and distributors of certain goods, to offer repairs and provide information about repairs even after the warranty period has expired. The aim: Reduction of CO2 emissions and waste In March 2023, the EU...

Payments made to investors in a pyramid scheme that are based on profits that do not actually exist can be reclaimed from the investors by way of a challenge under insolvency law. This was decided by the Federal Court of Justice (“BGH”). Facts of the case The ruling of the BGH is based on the...

Wine lovers will soon notice: Wine and sparkling wine have a QR code on their label. Wine, spirits and agricultural products are part of the European Union’s cultural heritage and belong to its assets. The Regulation (EU) No 1308/2013 establishing a common organization of the markets in agricultural products (CMO Regulation) was fundamentally amended in...

Once a year, the US publisher “Best Lawyers” asks business lawyers for their recommendations from other law firms. We are happy about the results again this year: 33 of our firm’s lawyers are among the “Best Lawyers” in Germany. The recommendations are distributed among these practice areas: Advertising Law, Arbitration and Mediation, Competition/Antitrust Law, Construction Law,...

The Hamm Regional Labor Court (judgment of January 23, 2024 – 6 Sa 1030/23) ruled in its judgment on the continuation of the transfer of a company car to an employee for private use. Facts of the case The parties were in dispute over the transfer of a company car for private use. The plaintiff...