Kategorie: Politics Law Society

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…

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…

Avoiding imminent threat of bankruptcy thanks to new corporate restructuring legislation Germany“s Corporate Stabilization and Restructuring Act (StaRUG), which came into force at the beginning of 2021, makes it easier for ailing companies to reorganize without having to go through bankruptcy. Many companies have been hit hard by the effects of the coronavirus pandemic, interrupted supply chains, and rising energy prices, with some being forced to question the ongoing economic viability of their businesses. By passing the Stabilization and Restructuring Act, we at the commercial law firm MTR Rechtsanwälte can…

Protecting the business and personal assets of private clients Personal and business assets require special protection. Aspects of, among other things, inheritance and family law come into play here. The impact of family disputes can extend to businesses and their assets, particularly in cases involving the self-employed, entrepreneurs, and tradesmen. Disputes over inheritance, divorce, and separation can become a problem for one“s business or practice. Our team of experts at the commercial law firm MTR Rechtsanwälte is well versed in inheritance and family law, and we are able to put…

Mobility Directive expected to facilitate reorganization of companies across borders within the EU The EU“s so-called „Mobility Directive“ creates a European legal framework for transnational reorganizations of companies, including those involving cross-border conversions, mergers, and divisions. With the Mobility Directive having entered into force on January 1 of 2020 and the deadline for its transposition into national law set at January 31, 2023, we at the commercial law firm MTR Rechtsanwälte can report that company law is becoming more European. Germany“s Federal Ministry of Justice (BMJ) has now submitted a…

License agreements regulating rights to use software Whether at home or at the office, many people encounter IT law in their daily lives, with one common point of contact being the use of software and the licenses required to this end. Anyone who wants to use their computer needs the appropriate software for their requirements. However, they must first of all acquire the rights to use said software. We at the commercial law firm MTR Rechtsanwälte note that those who decide to use software without first obtaining any necessary licenses…

Commercial agent“s claim for compensatory adjustment If a commercial agency agreement is terminated, the commercial agent is normally entitled to compensatory adjustment. But certain conditions must be met if the claim is to be successful. Section 89(b) of the German Commercial Code (HGB) stipulates that the commercial agent is entitled to demand a reasonable indemnity after termination of the agency agreement. We at the commercial law firm MTR Rechtsanwälte note, however, that this is conditional on the principal continuing to derive substantial benefits from business relations with new clients that…