firm news
23. December 2024
FGvW appoints four new local partners as of January 2025
We are happy to announce that we are appointing four new local partners from our own ranks as of January 2025. Max Maiorano-Fahr (Freiburg), specialist lawyer for labor and employment law, has been working as a lawyer at the Freiburg office since 2017. He advises and represents employers and managers in all areas of individual and...
Reading time: 2 min
FGvW strengthens construction and real estate law in Berlin with team led by lawyer-notary Dr Lorenz Claussen
We are further expanding our real estate practice group throughout Germany and strengthening our Berlin office at the beginning of next year with the addition of Dr Lorenz Claussen, a lawyer and notary, as a partner. Dr Claussen is bringing with him a team of a senior associate and three notarial assistants. Following the entries...
Reading time: 3 min
19. December 2024
In each issue of our newsletter, people from our firm introduce themselves personally. This time it is the turn of Hermann Hüwels (Public Law).
I grew up in the Ruhr area, more precisely in Oberhausen, within sight of the factory fence of the “Gutehoffnungshütte” (a joint stock company for mining and smelting operations). Straightforward communication and respect for hard work is something you’re born with here. If your parents have a craft business, the choice of career is reduced...
We introduce: Hermann Hüwels
legal insights
18. December 2024
Labor Law: Discrimination against part-time employees with regard to overtime pay
A provision in a collective agreement that requires the regular working hours of a full-time employee to be exceeded for overtime pay, regardless of the individual working hours, treats part-time employees less favorably than comparable full-time employees due to their part-time work and violates the prohibition of discrimination against part-time employees, according to the Federal...
Reading time: 4 min
13. December 2024
Corporate Law: Invalidity of a shareholder resolution if the shareholders’ meeting is convened by an “unauthorized” person
Shareholder resolutions passed at a meeting convened by an unauthorized person are null and void. This was decided by the Federal Court of Justice (“BGH”) for a partnership company. Facts of the case The ruling of the BGH was based on the following facts: The plaintiff was a partner (i.e. shareholder) of a partnership company...
Corporate law
11. December 2024
Labor Law: Threats and disturbance of peace at the workplace: ordinary dismissal justified?
If an employee spreads threats against ver.di via a private Facebook group comprising 1,000 colleagues, this justifies the ordinary termination of his employment relationship. This was decided by the Berlin Labor Court in a ruling dated October 7, 2024 (Ref. 59 Ca 8733/24 and 59 Ca 11420/24). Facts of the case The judgment of the...
Employment law
6. December 2024
FGvW to open new office in Düsseldorf in May 2025 with real estate and distribution law team
FGvW is opening its sixth office in Germany in Düsseldorf at the beginning of May 2025. For the start in the capital of North Rhine-Westphalia, two partners from the renowned Cologne-based construction and real estate law practice and a distribution law partner are moving to the new office. In total, the initial team will...
5. December 2024
Labor Law: Temporary employment – restriction of the group privilege
According to a decision by the Federal Labor Court (Bundesarbeitsgericht, “BAG”), an impermissible temporary assignment of employees may also exist if an employee has been assigned to another group company for several years since the beginning of the employment relationship. Facts of the case The ruling of the BAG of November 12, 2024 (9 AZR...
4. December 2024
Energy Law: The end of the self-consumption facility (?)
In its ruling of November 28, 2024 – C-293/23 – the European Court of Justice is likely to have put an end to a popular energy supply option as well as a long-simmering dispute between the higher courts of the federal states. The construction of the self-consumption facility as a privileged network for smaller, decentralized...
Reading time: 5 min
Energy and Environmental Law
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