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The object of a limited liability company must be specified in such a way that its activities and field of business can be precisely and sufficiently identified. This was confirmed by the Berlin Court of Appeal’s (Kammergericht “KG”) decision of March 19, 2025 (Ref. 22 W 2/25). Facts The shareholders of a limited liability company...

Compensation payments under the General Equal Treatment Act (AGG) can be taken into account as income or assets in the context of granting legal aid. This was decided by the Düsseldorf Regional Labor Court in its ruling of July 4, 2024 (9 SLa 359/24). Facts The ruling of the Düsseldorf Regional Labor Court (LAG) is...

An effective shareholder resolution requires that all shareholders have been duly invited to the shareholders’ meeting. If a shareholder is absent from the meeting (not a full shareholder meeting with all shareholders be apparent), proof of proper invitation must be provided. A mere statement in the shareholders´ meeting resolution that all shareholders were duly invited...

In its ruling of March 10, 2025 (Ref. 16 TaBV 109/24), the Hesse Regional Labor Court decided that the works council chairperson would be excluded for a gross violation of his data protection obligations. Facts The ruling of the Hesse Regional Labor Court (LAG) is based on the following facts: The parties were in dispute...

If an employee chokes while drinking coffee at work and subsequently falls, this may constitute an accident at work in terms of Social Security Law in individual cases. This was held by Saxony-Anhalt Regional Social Court in its judgment of May 22, 2025 (Ref. L 6 U 45/23). Facts of the case The plaintiff is...

The (second) ordinance amending the Ordinance on Jurisdiction of June 3, 2025 (GV. NRW 2025 No. 27 of June 17, 2025, p. 507 ff.), the statewide jurisdictions of the Higher Regional Courts of Hamm and Cologne were expanded as of July 1, 2025. At the same time, a new judicial focus is being established at...

If the parties do not contractually waive that the UN Convention on Contracts for the International Sale of Goods (“CISG”) applies, CISG is automatically applicable to many cross-border sales contracts. In the case of such a sales contract, the parties can only withdraw from the contract without setting a deadline in the event of non-delivery...

Under the German Transformation Act (Umwandlungsgesetz – UmwG), companies can reorganize through mergers, demergers, or changes of legal form. A common demerger type is a spin-off, where a business unit is transferred from one company (the transferring legal entity) to another (the transferee). The spin-off takes effect automatically under the UmwG, avoiding the need for...

When calculating compensation for a post-contractual non-competition clause in accordance with Sections 74 et seq. of the German Commercial Code (HGB), benefits from a virtual stock option program are also included. However, this only applies if the option rights were exercised while the employment relationship was still in place, according to the Federal Labor Court...

According to the case law of the Federal Labor Court (judgment of April 16, 2025 – 10 AZR 80/24), this is possible under certain conditions. Facts of the case The judgment of the Federal Labor Court is based on the following facts. The plaintiff was employed by the defendant, a company that deals with cryptocurrencies,...