News

A probationary period that corresponds to the entire duration of the fixed-term employment relationship is generally inadmissible. However, if a termination option has been agreed in addition to the probationary period, the invalidity of the probationary period provision does not affect the possibility of ordinary termination. This was clarified by the Federal Labor Courtin its...

FGvW advised the full-service real estate service provider and manager Midstad on the acquisition of an office and commercial building on the so-called “Tuchtinsel” in downtown Düsseldorf. With the acquisition of the 618 square meter property at Schadowstraße 41 / Berliner Allee 6, the company is completing its own portfolio there, which already includes the...

In a company with only two shareholders, a claim by the company against one of the shareholders cannot simply be asserted by way of an actio pro socio (shareholder action). The remaining shareholder entitled to vote must bring the action in the name of the company. He or she may represent the company in court...

We are further expanding our real estate law practice group and strengthening our team with the addition of attorney Dr Pierre-André Brandt as a partner in September. The experienced real estate lawyer is joining FGvW’s newly opened Düsseldorf office from McDermott Will & Schulte (formerly McDermott Will & Emery). Dr Pierre-André Brandt began his legal...

If a manufacturer of personal protective equipment within the meaning of Article 3 of Regulation (EU) 2016/425 (PPE Regulation) engages a testing company as part of the conformity assessment procedure for its products, it must accept responsibility for any fraudulent conduct on the part of that testing company. This has been decided by the ruling...

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...

We are happy to announce that Moritz von Kulessa LL.B. has been appointed as Local Partner with effect from July 2025. Moritz von Kulessa studied law at the Universities of Cologne and Paris 1 Panthéon-Sorbonne and has been an attorney at FGvW since 2020. He is part of the Cologne construction/plant engineering team, which advises clients on...

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...