Insolvency delay is often underestimated in corporate management but can have significant legal and economic consequences. This article provides a comprehensive overview of the relevant legal aspects of insolvency delay, explains its background, and outlines how management can avoid liability risks.
Category: Liability of the management
In its ruling from July 23, 2024 (Case No. 84 O 124/23), the District Court of Cologne addressed the legal obligation of retailers to accept old electronic devices under specific conditions free of charge. The court focused on the take-back obligation under the German Electrical and Electronic Equipment Act (ElektroG) and whether a retailer’s refusal to accept old electronic devices constituted a violation of these statutory requirements.
The European Court of Justice (ECJ) recently issued a ruling (judgment of October 4, 2024) stating that the General Data Protection Regulation (GDPR) does not provide an exhaustive list of who may pursue data protection violations. This decision has significant implications for competitors who seek to address GDPR breaches.
In a pivotal decision on September 17, 2024, the Munich Regional Court (LG Munich I, Case No. 20 O 14715/21) ruled on a case concerning the liability of managing directors and consulting services provided during a failed corporate restructuring. The ruling offers important insights into the extent of managerial responsibility in Germany and highlights the critical issues of contract-based claims, tort liability, and the statute of limitations.
Here’s what foreign business leaders need to know about this ruling and its broader implications.
The A1 certificate has become a focal point in discussions surrounding cross-border employment within the EU, particularly due to its implications in both legal and compliance frameworks. A recent decision by the German Federal Court of Justice (BGH) highlighted the critical role the A1 certificate plays, especially when misused in cases of illegal employment. This article explores the significance of the A1 certificate, the key points of the court ruling, and the broader implications within German employment criminal law.
The Corporate Sustainability Reporting Directive (CSRD) is poised to significantly expand sustainability reporting requirements for companies across Europe, including Germany. As Germany moves towards implementing this EU directive into national law, many businesses will be affected, facing additional obligations in their corporate reporting. Here, we break down what the CSRD is, its key components, and how Germany is preparing for its introduction.
Economic criminal law (Wirtschaftsstrafrecht) is a highly specialized and complex area that impacts businesses of all sizes—from multinational corporations to small enterprises and even individuals. Defending against charges in this field requires not only profound legal knowledge but also a keen understanding of business operations, financial structures, and the specific circumstances of the accused.
In this article, we will explore the strategic challenges of defending economic crime cases, highlight the most common offenses, and discuss recent developments in the legal landscape.
Advertising in Germany is subject to strict legal regulations, primarily governed by competition law, trademark law, and copyright law. Companies and advertising agencies must ensure they comply with these rules to avoid warnings, lawsuits, or fines.
This article provides a comprehensive overview of the key aspects that must be considered when advertising in Germany and highlights potential risks for advertising agencies and companies.
Money laundering is a serious crime in Germany, designed to combat the process of concealing the origins of illegally obtained money. Understanding the legal framework, risks, and potential consequences is crucial for foreign individuals and businesses operating in Germany, especially given recent changes in the law.
Greenwashing, the act of making misleading claims about the environmental benefits of a product, service, or corporate practices, poses significant legal risks for companies operating in the European Union (EU) and Germany. Both regions have stringent laws that prohibit such deceptive practices under competition law, and there are even scenarios where criminal liability may arise. This article outlines the current legal framework, enforcement mechanisms, and recent judicial developments, emphasizing the importance of compliance to avoid severe penalties.