Estate Law/Inheritance

27.03.2019 VH

Europe without borders - which law applies in the case of inheritance? The European Court of Justice is setting the course

Unnoticed for many in Germany since 17 August 2015, a new legal regime for cross-border inheritance cases applies: The European regulation on the applicable succession law determines which national law governs the succession in the assets of a deceased. Questions such as the right of inheritance of a spouse, forced heirship/ compulsory portion, etc., are…


Law Against Unfair Competition / Social Media

18.02.2019 KK

The Berlin Court of Appeal (Kammergericht) has decided to what extent influencers and bloggers must label their statements and contributions in the social media as advertising

The applicant is a registered association for combating unfair competition. The applicant asserts claims for injunctive relief under competition law against the opposing party, a blogger and influencer, by way of injunction proceedings. The applicant claims that the blogger infringed the provisions of the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, UWG) regarding three…


Estate Planning / Inheritance Law

28.04.2016 JW

Business Assets: Time to act for succession inter vivo (anticipated inheritance)

In 2014, the Federal Constitutional Court decided that the tax benefit for business assets under the current IGT-Law violated the principle of equal treatment (1 BvL 21/12). The Court set a deadline until June 30, 2016 for new rules. Political discussions are still ongoing. In all likelihood, SMEs will be affected by the new rules…


Insolvency Law

07.04.2016 VH

Challenge of transactions under Insolvency Law – will a fatal path end soon?

Decisions of insolvency courts regarding the challenge of so called “premeditated discriminatory transactions” have flourished. Besides the obvious economic risks, the granting of payment deferrals for business partners in crisis became a high risk under legal aspects. Only recently, the Federal Supreme Court has confirmed that such accommodations might count as circumstantial evidence for insolvency;…


Sports Law

15.03.2016 VH

Sports Betting in Germany – a tied game

On March 4, 2016, the European Court of Justice has again ruled on German Sports Betting regulation (C-336/14). It is important to notice that since 2012 a new interstate treaty on gambling is in place, enabling operators – at least theoretically – to apply for a license. The licensing procedure, however, came to a de…


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