News & Analysis as of

Germany

Orrick, Herrington & Sutcliffe LLP

No Waiver of Statutory Minimum Leave Through Court Settlement

On June 3, 2025, the Federal Labor Court (Bundesarbeitsgericht) ("BAG") ruled that employees are entitled to financial compensation for outstanding statutory minimum vacation days. Even if a court settlement includes an...more

Herbert Smith Freehills Kramer

UPC Structure – local, regional and central divisions and Court of Appeal, Judges & Languages

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

Orrick, Herrington & Sutcliffe LLP

Part II: #DefenseTech—Regulatory Requirements for Defense Start-ups (or "How to Stay Out of Jail")

Defense technology companies in Germany operate in a highly regulated environment that requires careful navigation of various legal requirements. Key regulations include national or EU legislation on handling of...more

Mintz

Climate Lawsuit Against German Energy Company Dismissed by Court

Mintz on

Last week, a long-running lawsuit brought against a major German energy company by a Peruvian farmer for alleged damages stemming from climate change was dismissed by an appellate court in Germany. The court's reasoning...more

A&O Shearman

The UPC’s interpretation of inventive step: does it follow the problem-solution approach?

A&O Shearman on

UPC case law on the assessment of inventive step is still evolving. Most local division (LD) decisions have indicated a slightly diverging practice from the EPO’s problem-solution approach. However, more recently, others have...more

Orrick, Herrington & Sutcliffe LLP

Part I: #DefenseTech - Navigating Investment Control Regulations for Defense Start-ups in Germany

Defense technology companies in Germany operate in a highly regulated environment that requires careful navigation of various legal requirements. Key regulations include national or EU legislation on handling of...more

McDermott Will & Emery

Turbo-Zertifikate im Visier – BaFin plant neue Produktintervention

The Federal Financial Supervisory Authority has announced that it intends to restrict trading in so-called "turbo certificates", i.e. MiFID bonds that leverage the performance of an underlying asset and expire immediately...more

Jones Day

German Energy Company Succeeds in Landmark Climate Change Litigation Case

Jones Day on

On May 28, 2025, the Higher Regional Court in Hamm, Germany, sided with the defendant energy company in a landmark climate change litigation case brought by a Peruvian farmer. The farmer wanted the energy company to pay (in...more

White & Case LLP

German Energy Transition - The impact of future electricity network tariff regulation

White & Case LLP on

On 12 May 2025, the German energy regulator published a discussion paper for the revision of the framework for the electricity network tariff system (Diskussionspapier für die Rahmenfestlegung der Allgemeinen...more

White & Case LLP

Data with destiny: European AI M&A heats up as the race for dominance intensifies

White & Case LLP on

With industries embracing this evolving technology, Europe is determined not to be left behind, and dealmakers are paying close attention - Europe’s artificial intelligence industry is gaining traction but has struggled to...more

Orrick, Herrington & Sutcliffe LLP

German Federal Labor Court Grants Damages Under the GDPR for the Use of Employee Data: 7 Things for Companies to Consider

On May 8, 2025, the Federal Labor Court Bundesarbeitsgericht (“BAG”) issued a significant ruling concerning an employee’s claims for damages due to unlawful data transfers within a corporate group. The BAG ruled that works...more

McDermott Will & Emery

Wichtige Aspekte des Koalitionsvertrags 2025 aus Immobilien- und Steuersicht

McDermott Will & Emery on

Wohnen, Bauen, Klima: Die Wohn- und Klimapolitik im Koalitionsvertrag 2025 - Mit dem Koalitionsvertrag 2025 hat sich die Bundesregierung ehrgeizige Ziele für den Wohnungsbau, das Mietrecht, die kommunale Wohnungspolitik und...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Step in the Right Direction: BaFin Moves To Make ‘Change of Control’ Procedures Less Burdensome

A welcome wind of regulatory change is noticeable in Germany. On May 20, 2025, the Federal Financial Supervisory Authority (BaFin) published a consultation on a draft ordinance to amend the ownership control ordinance and the...more

Hogan Lovells

BaFin consultation on proposed product intervention measure on Turbo Certificates

Hogan Lovells on

On 21 May 2025 the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht - BaFin) has launched a consultation (GZ: WA 35-Wp 5427/00001#00554; available here (in German only)) prior to...more

Orrick, Herrington & Sutcliffe LLP

Looking for a "Digital Native" in a Job Ad is Discriminatory!

The regional labor court (Landesarbeitsgericht) ("LAG") Baden-Württemberg decided that an applicant can claim compensation for discrimination based on a job ad that said the employer was looking for a "digital native" (17 Sa...more

International Lawyers Network

Different Kinds of Cool That Still Just Don’t Register: Why Birkenstocks & Melted Rink Ice (AKA Water) Aren’t Copyrightable

In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon....more

Hogan Lovells

The first blooms of spring and a new coalition agreement in Germany Spring fever for the infrastructure and energy sectors?

Hogan Lovells on

In sync with the German cherry blossom, the new coalition of CDU/CSU (conservative) and SPD (social democrats) published their coalition agreement on 9 April 2025. Following the formal approval of the agreement by the parties...more

White & Case LLP

AI Watch: Global regulatory tracker - Germany

White & Case LLP on

Germany evaluates AI-specific legislation needs and actively engages in international initiatives. Laws/Regulations directly regulating AI (the “AI Regulations”) Currently, with the exception of minor references to AI in...more

BakerHostetler

Weekly Blockchain Blog - May 2025 #3

BakerHostetler on

Fintech Companies Announce Crypto-Focused Acquisitions and Partnerships - A U.S.-based crypto infrastructure solutions provider announced in a recent press release that it has signed a definitive agreement to acquire a...more

Hogan Lovells

Politics of housing in Germany

Hogan Lovells on

As of 6 May 2025 Germany has a new government. After intensive coalition negotiations, CDU/CSU and SPD agreed on a joint housing policy in their coalition agreement, combining and developing elements of both manifestos under...more

McDermott Will & Emery

Federal Court of Justice Rules on Costumer Installation

McDermott Will & Emery on

On May 13, 2025, the Federal Court of Justice (BGH) issued a long-awaited decision (EnVR 83/20) on the question of whether an energy grid can be classified as an unregulated “customer installation” (Kundenanlage). In the...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - May 2025

WilmerHale on

The beginning of 2025 saw two overarching trends in FRAND litigation...more

Morgan Lewis

Federal Fiscal Court Issues Two Rulings on the Requirements for a Consolidated Tax Group for Income Tax Purposes - Legal Insights...

Morgan Lewis on

In two rulings, the Federal Fiscal Court (BFH) ruled in favor of the taxpayer on the requirements for a consolidated tax group for income tax purposes. Managing holding partnership as controlling company (judgment of November...more

Morgan Lewis

Düsseldorf Fiscal Court: Legal and Consulting Fees for Sale of Second-Tier Subsidiary Fully Deductible Irrespective of an Existing...

Morgan Lewis on

In its decision dated February 26, 2025 (7 K 1811/21 K), the Düsseldorf Fiscal Court concluded that legal and consulting fees incurred by the indirect sale of a second-tier subsidiary by the subsidiary are deductible business...more

Morgan Lewis

Changes to Labor and Employment Law by the New German Federal Government - Legal Insights Germany

Morgan Lewis on

The German Bundestag has elected Friedrich Merz (Christian Democratic Union (CDU)) as federal chancellor. With the government now in place, it can begin its session. The Christian Democratic Union, Christian Social Union...more

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