Politics Law Society 

International commercial law firm MTR Legal Rechtsanwälte on course for growth

International commercial law firm MTR Legal Rechtsanwälte on course for growth In order to continue to provide the best possible consultancy service to our clients, MTR Legal Rechtsanwälte is proud to welcome new talent to the team. Ensuring that both domestic and international clients receive the best advice and support remains a top priority at our firm. A self-critical, internal evaluation of the services we provide is just as much a part of this as regular training and education for team members. In order to continue to be able to…

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Politics Law Society 

Contract fulfillment and force majeure

Contract fulfillment and force majeure While the concept of force majeure has recently shot to prominence in commercial law due to the coronavirus pandemic and the war in Ukraine, it does not release those concerned from liability in all circumstances. It is not surprising, however, given the profound impact these crises have had on the economy and the various other problems that are contributing to supply bottlenecks and the failure of supply chains, that many businesses are finding it increasingly difficult to fulfil their contractual obligations. This is often justified…

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Politics Law Society 

BAG clarifies obligation to log working hours in Germany

BAG clarifies obligation to log working hours in Germany According to a ruling of Germany“s Federal Labour Court (BAG) from September 13, 2022, employers in Germany should already be systematically keeping records of the number of hours worked by their employees (case ref.: 1 ABR 22/21). Previously, the obligation to keep track of working hours only extended to overtime and work on Sundays. We at the commercial law firm MTR Rechtsanwälte can now report, however, that with the Court having found that a general obligation to track working hours already…

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Politics Law Society 

BAG rules on exceeding the maximum assignment duration for temporary agency workers

BAG rules on exceeding the maximum assignment duration for temporary agency workers Temporary agency workers can be recruited for more than 18 months if the relevant collective bargaining agreement contains provisions to this end. That was the verdict of Germany“s Federal Labor Court (BAG) in a judgment from September 14, 2022 (case ref.: 4 AZR 83/21). While German law stipulates a maximum assignment duration for temporary workers of 18 months, we at the commercial law firm MTR Rechtsanwälte can report that the Court“s recent ruling provides for the possibility of…

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Politics Law Society 

BGH weighs in on terminating commercial lease agreements with immediate effect

BGH weighs in on terminating commercial lease agreements with immediate effect The tenant has the right to terminate a commercial lease agreement with immediate effect if there are serious grounds for doing so. According to Germany“s Federal Court of Justice (BGH), this includes an incorrect service charge statement (case ref.: XII ZR 11/20). We at the commercial law firm MTR Rechtsanwälte note that both the tenant and the landlord are entitled to summarily terminate a commercial lease with immediate effect if there are serious grounds that justify this course of…

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Politics Law Society 

BGH opines on authorized dealer“s claim for compensatory adjustment

BGH opines on authorized dealer“s claim for compensatory adjustment Commercial agents and authorized dealers are not entitled to information concerning the gross profit of the principal for the purposes of calculating their claim for compensatory adjustment. That was the verdict of Germany“s Federal Court of Justice (BGH) in a ruling from September 24, 2020 (case ref.: VII ZR 69/19). Claims for compensatory adjustment are a common point of contention between commercial agents, or authorized dealers, and their clients (a.k.a., the „principal“). Section 89(b)(1) of the German Commercial Code (HGB) stipulates…

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Politics Law Society 

Buyer of a bankrupt business in self-administration not liable for existing obligations

Buyer of a bankrupt business in self-administration not liable for existing obligations According to Germany“s Federal Court of Justice (BGH), a party purchasing a commercial business going through self-administered bankruptcy is not liable for the existing obligations incurred in the operation of the business (case ref.: II ZR 457/18). Section 25(1) sentence 1 of the German Commercial Code (HGB) provides that the buyer of a commercial business shall be liable for the obligations of the seller if the business is carried on under the previous name. However, following a recent…

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Politics Law Society 

New Vertical Block Exemption Regulation enters into force

New Vertical Block Exemption Regulation enters into force Companies have had to adapt to the changes to distribution law brought about by the revised rules in the EU“s new Vertical Block Exemption Regulation (VBER), which, together with the new Vertical Guidelines, has been in force since June 1, 2022. The Regulation sets out when restrictions on competition are permitted and when they are prohibited. We at the commercial law firm MTR Rechtsanwälte note that the legislation is particularly relevant to distribution agreements. Article 101(1) of the Treaty on the Functioning…

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Politics Law Society 

When Voodoo and Superstition Rule the People of Africa

Recent study on conspiracy ideologies in sub-Saharan Africa in the age of global capitalism, presented by Thomas Wegener, Founder of GrowExpress Ltd. in conversation with Erik Simon; Managing Director of GrowExpress Ltd, Nigeria. Dirk Kohnert, the renowned scholar and long-time connoisseur of Africa, presents a recent study (by the GIGA Institute of African Studies) in January 2023, the contents of which are worth discussing and taking a deeper look at. The starting point is the general desire for a linear development of mankind – away from irrational patterns of explanation…

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Politics Law Society 

New rules for T&Cs in Germany

New rules for T&Cs in Germany 2022 saw a number of changes introduced to German contract law, some of which came into force at the beginning of the year, while others became operative later on. We at the commercial law firm MTR Legal Rechtsanwälte can report that the changes have implications for, among other things, the manner in which general terms and conditions are drafted. Businesses must ensure that their T&Cs are legally compliant. One of the key areas addressed by the revised rules is contract terms and notice periods…

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