News

If shares in a limited liability company (“GmbH”) are redeemed, the shareholder concerned must protect himself against the loss of his shares and voting rights. A current decision by the Berlin Court of Appeal (“KG Berlin”) reminds of that. Facts of the case: Redemption of shares The decision of the KG Berlin is based on...

The shareholder of a public company is entitled to information about the names, addresses and shareholdings of the co-shareholders. The assertion of this right does not constitute an impermissible exercise of rights or an abuse of the right to information, even if it serves, among other things, the purpose of submitting purchase offers to the...

Payment service providers must be prepared for an increasing number of cases of fraud in online banking and ever higher loss amounts. In addition, there is a growing litigation risk for payment service providers due to increasing demands on the security systems used as part of strong customer authentication. Furthermore, new legislation is planned to...

The works council can demand that the employer provide each works council member with a tablet or notebook to enable its members to participate in works council meetings via video conference, provided that the requirements of Section 30 (2) of the Works Constitution Act (BetrVG) are met, according to a decision by the Munich Higher...

Calls from politics and industry for further amendments to the MDR are getting louder and louder, which is why we would like to summarize the current discussion below. A brief overview of current developments The Medical Device Regulation (MDR), which has been in force since May 2021, continues to pose major implementation problems for the...

The new year 2024 brings with it many national and European legislative changes that companies have to deal with. For some regulations, it is not yet clear whether, when and with what exact content they will come into force. It is therefore important to keep an eye on further developments. As in previous years, we...

A company name with the element “Institute” may be permissible. This applies in the event that further additions avoid the impression that the company is a scientific institution. Facts of the case The decision of the Higher Regional Court of Düsseldorf (“OLG”) was based on the following case: The shareholders of a Limited Liability Company...

Note In its decision of November 22, 2023 (case no. 9 U 206/22), the Higher Regional Court of Cologne (“OLG”) had to deal, among other things, with the – highly controversial – question of the allocation of the burden of presentation and proof in the company’s direct action against the D&O insurer. Some of the...

If the legal relationship between a managing director and the limited liability (“GmbH”) is based on an employment relationship, this is transferred to the buyer in the event of a business transfer pursuant to Section 613a of the German Civil Code (“BGB”), in contrast to the position of an executive body. This was decided by...

A managing director whose appointment is subject to a condition precedent, i.e. only becomes effective at a later date, is authorized to apply for registration in the commercial register on behalf of the company. This was the subject of a decision by the Higher Regional Court of Hamm (“OLG”) on June 15, 2023. Facts of...