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Field Fisher Waterhouse Deutschland LLP

AM SANDTORKAI 68, 20457 HAMBURG, GERMANY

Paris, Munchen, Manchester, London, Hamburg, Brussels

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Field Fisher Waterhouse LLP

Is comparative advertising unfair?

THE EUROPEAN COURT OF JUSTICE (ECJ) IS IN THE midst of considering questions referred to it by the UK courts in three separate cases that should clarify the law regarding comparative advertising. This type of advertising, particularly when it identifies a competitor or a competitor’s goods or services by referring to a registered trade mark, is of particular concern to trade mark owners as their competitors normally seek to make unfavourable comparisons with their own goods or services, or to take advantage of being associated with the market leader’s brand.

- Field Fisher Waterhouse

Legal Developments in Germany

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

Legal Express Issue 1

We are pleased to bring you our Legal Express, which covers the most significant legislative changes in Russia in December 2011 and January 2012.

- Noerr
Priority rental rights in insolvency

Parties to rental contracts for commercial premises often agree priority rental rights. In practice, this concept is used to cover a whole series of legal structures. These range from fixed options for the tenant to a promise made by the landlord as a business policy that if any additional premises become available, they will be offered to the tenant. In 2010 the Berlin Court of Appeal issued a ruling on such priority rental rights in insolvency; the decision has recently been published.

- SIBETH
Dispute Resolution

Introduction Simon Bushell Herbert Smith LLP 3

- GSK Stockmann + Kollegen
Germany – Debt-to-equity-swaps: a reorganisation and takeover instrument in Germany

by Charlotte Schmitt, LL.M, GSK Stockmann + Kollegen

- GSK Stockmann + Kollegen
GSK Update: AIFM Directive approved by the European Parliament - Outlook and Preparation

Managers of so-called alternative investment funds will in future be supervised and there will be an extensive catalogue of obligations for selling and marketing alternative investment fund.

- GSK Stockmann + Kollegen
Getting the Deal Through/Licensing

Law Business Research, 2011

- Bardehle Pagenberg Dost Altenburg Geissler
Rome I Regulation: choice of law for contractual obligations

The EU Rome I Regulation (593/2008) of the European Parliament and of the Council came into force on 17 December 2009 (Convention). The Convention sets rules to determine the (national) law applicable to contractual obligations in civil and commercial matters. This Regulation replaces the 1980 Rome Convention and is especially relevant to cross-border businesses. The intention of the Convention is to provide legal certainty in cases where the parties have not expressly chosen the applicable law governing their contract.

- Avocado Rechtsanwälte
Restriction of the shareholder’s right to information

According to a judgment of the German Federal Supreme Court from February 2010, the general assembly (Hauptversammlung) of a stock corporation (“Corporation”) may resolve to include a provision in its articles of association which comprehensively empowers the chairman to reasonably restrict the time available to shareholders to debate during the shareholder’s meeting.

- Avocado Rechtsanwälte
AIFM Directive approved by the European Parliment - Outlook and Preperation

Managers of so-called alternitive investment funds will in future be supervised and there will be an extensive catalogue of obligations for selling and marketing alternitive investment fund.

- GSK Stockmann + Kollegen
New alternatives in real estate financing

Equity currently appears easier to obtain than bank financing. Due to the changes in the financial sector, the financing of real estate acquisitions or project developments is more difficult than before the financial crisis. Banks are now requesting more equity. In addition, following Basel III (a new international regulatory framework for banks), the demand for equity will grow.

- GSK Stockmann + Kollegen