ArticleGerman Dividend Taxation Infringes EU Fundamental FreedomsIn a landmark-ruling, the ECJ has held that Germany's system of dividend withholding taxation infringes the right to free movement of capital as guaranteed by Art.GermanyTaxOppenhoff
ArticleGerman Federal Fiscal Court: Capital Gains On Cryptocurrencies Are TaxableThe German Federal Fiscal Court [Bundesfinanzhof, BFH] has published the first ruling on the taxation of virtual currencies. With its decision of 14 February 2023, it clarifies that capital gains...GermanyTaxOppenhoff
ArticleGerman Federal Fiscal Court: No Limited Inheritance Tax Liability In Case Of An Acquisition Of A Domestic Real Estate By BequestThe German Federal Fiscal Court (Bundesfinanzhof, BFH) ruled on 23 November 2022 that real estate located in Germany can be transferred tax-free by way of foreign bequest if neither...GermanyTaxOppenhoff
ArticleCooperation Amongst Investigators Can Be Advantageous To Cartel SinnersFor some time now cartel sinners in Germany have not only been faced with high fines, the persons involved can also face up to five years in prison. GermanyAntitrust/Competition LawOppenhoff
ArticleClaim To Payment In Lieu Of Holiday At The End Of An Employment Relationship - Relinquishment Of The Substitution TheoryTo date, an employee who still has residual holiday claims at the end of his employment relationship had to assert these claims during the ongoing calendar year. GermanyEmployment and HROppenhoff
ArticleImmediate Termination Of The Employment Relationship Also Possible During Garden LeaveThe Hessian Regional Labour Court (judgement dated 29 August 2011 – 7 Sa 248/11) decided that an employee can also be declared the immediate termination of his employment relationship if he has been released from his employment duties until the end of the termination notice period or the agreed end of the employment relationship.GermanyEmployment and HROppenhoff
ArticleLeave Entitlement Of Employees Working Short-TimeSince the ECJ emphasized in its decision of January 2009 on the Schultz-Hoff case that the employee’s claim to paid annual leave is an especially important principle of social law, the German law relating to the annual leave entitlement has increasingly been penetrated by European law requirements. GermanyEmployment and HROppenhoff
ArticlePseudo Contracts For Works And Services And The Disguised Provision Of Temporary WorkersIn the current discussion about the abusive use of contracts for works and services, the Federal Labour Court of Berlin-Brandenburg reached on 12 December 2012 a significant decision.GermanyEmployment and HROppenhoff
ArticleNewsflash Export Control Law, June 2012The Higher Regional Court of Hamburg has ruled that banks cannot simply terminate the accounts of enterprises that are listed in the so-called Iran Embargo Regulation.GermanyInternational LawOppenhoff
ArticleMore Freedom In The Advertising Of Medicines: Just How Much Creative Freedom Actually Exists?The advertising of medicines and other remedies is strictly regulated by the German Act on Advertising in the Healthcare Sector [Heilmittelwerbegesetz, HWG]. GermanyMedia, Telecoms, IT, EntertainmentOppenhoff
ArticleRelief For Managers Regarding Liability Vis-À-Vis Third PartiesManaging directors and compliance officers (CO) who are actively involved in criminal offences against third parties can be punished as perpetrators or aiders and abettors. GermanyCorporate/Commercial LawOppenhoff
ArticleChanges In The Employment Of Mini And Midi Jobbers As Of 1 January 2013As of 1 January 2013, the provisions relating to so-called mini jobs and midi jobs are amended. GermanyEmployment and HROppenhoff
ArticleDispute Regarding Temporary Workers In Permanent Employment PositionsBesides the previously presented decisions of the Federal Labour Court, temporary employment has also occupied the courts of lower instance. GermanyEmployment and HROppenhoff
ArticleLimitation Of Holiday Claims – The Next Surprise For Employers?It is not that long ago that the Advocate General's Opinions of March and May 2022 on the expiry of untaken paid annual holiday caused a stir (Opinions of 17 March 2022 - C-518/20; C-727/20 and 5 May 2022...GermanyEmployment and HROppenhoff
ArticleNo Right Of Employees To Have "Thanks And Good Wishes" Included In TestimonialsThe content of testimonials is regularly the subject matter of disputes and disagreements between employers and employees. GermanyEmployment and HROppenhoff
ArticlePart-Time Employment During Part-Time Parental LeaveThe Federal Labour Court has confirmed that an employee can demand the reduction of his/her working hours twice during parental leave. GermanyEmployment and HROppenhoff
ArticleVGH Munich On Tax Debts As A Reason For UnreliabilityThe Higher Administrative Court [Verwaltungsgerichtshof, VGH] of Munich has ruled that outstanding tax debts of an insurance broker can lead to the revocation of the broker's licence...GermanyFinance and BankingOppenhoff
ArticleSanctions: New Legal Framework For Effective Sanctions Enforcement Entered Into ForceAt the latest since the launch of the Russian war of aggression against Ukraine in February 2022, economic sanctions have been on everyone's lips. The concept is not new, however. Rather, it is a long-established instrument, ...GermanyInternational LawOppenhoff
ArticleKey Issues Paper On The Modernisation Of German Arbitration LawOn 18 April 2023, the German Federal Ministry of Justice [Bundesministerium der Justiz, BMJ] published the key issues paper on the modernisation of German arbitration law.GermanyLitigation, Mediation & ArbitrationOppenhoff
ArticleDüsseldorf Regional Court On Unfair E-mail Advertising Of Broker ServicesThe Düsseldorf Regional Court has ruled that, under certain circumstances, an insurance broker must accept being attributed with the unfair conduct of an advertising agency commissioned...GermanyMedia, Telecoms, IT, EntertainmentOppenhoff