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Corona Information Centre of BEITEN BURKHARDT

The global impact of the coronavirus on society and companies is tremendous. In the economic world, employees are just as affected as customers, suppliers or investors. Numerous legal fields and many industries are faced with new questions and challenges.

BEITEN BURKHARDT is bundling answers here. Blog posts, flyers and other publications are continuously supplemented and updated.

If you have any questions about challenges for your company, please do not hesitate to contact us: service@bblaw.com 

Current information on the coronavirus is available under Robert Koch-Institut and Federal Government

Urlaubsgewährung - was Arbeitgeber nicht nur in Zeiten von Corona beachten müssen

Практика применения миграционных вопросов в период ограничительных мер по COVID – 19

Коронавирус: здоровье на первом месте, но не стоит забывать и о бизнесе

COVID 19 und Schutz der Interessen der russischen Exporteure in der EU (Russisch)

Mietrecht in Zeiten der Corona-Krise

Pflichten der Geschäftsleitung im Hinblick auf das Wirtschaftsstabilisierungsfondsgesetz

AHK - gemeinsam krisenfest (russisch)

Organisation of work during COVID-19: current legal & IT issues (Russian)

Compliance & Corporate Governance for Business

Corona-Behinderungsanzeige - ein mögliches wirkungsvolles Instrument am Bau?

Вебинар - Аренда-2020 - правовые вопросы в сфере коммерческой недвижимости

Online-Seminar: Das China- und Russlandgeschäft in Krisenzeiten aufrechterhalten

Online-Seminar: Coronavirus & IT-Verträge

Online-Seminar: The coronavirus crisis: health comes first, but don't forget about business

Online-Seminar: Arbeitsrechtliche Abwehrkräfte Teil 2 – Tipps zu Lohnfortzahlung und Entschädigungen für Arbeitgeber

Online-Seminar: 应对危机的措施 - 国家救济和短时工作

Online-Seminar: Das Russlandgeschäft in Krisenzeiten aufrechterhalten

Online-Seminar: Der neue KfW-Schnellkredit und Anpassungen des KfW-Unternehmerkredits

Online-Seminar: Start ups – Vol 2 – Finanzielle Unterstützung für Start ups in Zeiten der Corona Krise

Online-Seminar: Update zum KfW Schnellkredit und KfW Unternehmerkredit


Antitrust Law

10.06.2020 - German Federal Cartel Office Supports Cooperation with Competitors for 'Coronavirus Restructuring'

The automotive industry shows that cooperation with competitors in order to deal with the difficulties caused by the coronavirus pandemic in a coordinated manner is possible in accordance with antitrust law. Their admissibility can ‑ as an accompanying measure ‑ be coordinated with the cartel authority. Read more.

Christian Heinirchen Christoph Heinrich


30.03.2020 - Antitrust Law in the Corona Crisis (4): Market Power

Part IV: Antitrust law also applies in times of crisis. Antitrust law imposes a special responsibility on companies with market power. In times of crisis, their market behaviour and commercial practices can quickly come into the focus of the antitrust authorities. Read more

Christian Heinirchen Christoph Heinrich


26.03.2020 - Antitrust law in the corona crisis (3): German Merger Control Risks

+++ Update of 29 April 2020 +++

Part III: Merger control also applies in times of crisis. The changing economic environment may allow mergers that would have been prohibited in the past. More often, however, the corona crisis will delay merger control clearances. Read more

Christian Heinirchen Christoph Heinrich


25.03.2020 - Antitrust law in the corona crisis (2): Suppliers / Distributors

Part II: Antitrust law also applies in times of crisis. But: Antitrust law allows companies the necessary flexibility to react to the challenges of the corona crisis. One such reaction is bilateral agreements with suppliers and Distributors. Read more

Christian Heinirchen Christoph Heinrich


23.03.2020 - Antitrust Law in the Corona Crisis (1): Cooperation with Competitors

Part I: Antitrust law also applies in times of crisis. But: Antitrust law allows companies the necessary flexibility to react to the challenges of the corona crisis. One such reaction are cooperations with competitors. Read more

Christian Heinirchen Christoph Heinrich

 

Assets, Succession, Foundations

04.05.2020 - Special Newsletter Charitable Foundations - Considerations on the Occasion of the Corona Crisis

The corona crisis and its social and economic repercussions have a massive impact on all our daily lives. This also applies to charitable foundations from various points of view, namely their internal organisation, the realisation of their purpose, the use and procurement of funds, and the payment of taxes. In view of the recent changes in legislation and official announcements, the following is an outline of some key issues that should be noted. Read more

 Katharina Fink Robin Maletz Gerrit Ponath Lucas van Randenborgh

Commercial

01.04.2020 - Implications of the Corona Pandemic for Contracts under German law

In this memorandum, the implications of the corona pandemic for the most common contracts between companies are discussed. In the following, the various claims and options for action (damages, rescission, discontinuation of the basis of the transaction, etc.) are first explained in general terms; under Sections 2 et seq., the consequences of this for the individual types of contract (purchase agreement, contract for work and services, commercial agency agreement, etc.) are then clarified by means of examples. Read more

Matthias Stecher


31.03.2020 - Disruption of Supply Chains due to the Corona Crisis

The effects of the corona virus are now also clearly noticeable in Germany. Hardly any part of life has been spared by the pandemic. Every day there is talk in the media of plant closures, short-time work or other disruptions in the production or delivery cycle that have an impact on supply chains. Many companies are affected by delivery delays and shortages and, due to a lack of their own supply, have difficulties in meeting their own obligations to supply their customers on time. The following considerations address the legal implications of this issue and serve as a guide for action to be taken. Read more

Knut Schulte  Julia Schifelbein Philipp Hohmann


13.03.2020 - Coronavirus: Consequences in Contractual Relationships

In the light of recent events, we provide you with a brief overview of the main questions arising in this context. You will also find a list with recommendations which we have compiled based on the legal requirements and our experiences. Read more

Florian Jäkel-Gottmann  Lennart Kriebel


27.02.2020 - Economic crisis: Implementing professional measures without blinkers

Not only the coronavirus, but also other economic upheavals can have a severe impact on companies. Hence, it is important that restaurant operators and hoteliers take the right steps early on and do not wait until it is really too late to act. Preventive risk management is the keyword. Dr Guido Krüger identifies the risks for companies. The article is available in German only. Read 

Commercial

Conflict Resolution

24.03.2020 - Online Mediation - Taking new Paths in Times of Corona

The repercussions of the coronavirus on the economy have already assumed enormous dimensions and have put many business relationships in a precarious situation. This bears a great potential for conflict, as naturally everyone must first of all be careful to keep the damage to themselves or their company as low as possible. Read more

Dr. André Depping

Corporate

05.05.2020 - COVID-19: Are purely virtual general meetings of cooperative societies also permitted?

The Act to Mitigate the Consequences of the COVID-19 pandemic in civil, insolvency and criminal procedure law contains considerable facilitating provisions for cooperative societies to maintain their activities, such as the shift of the adoption of the annual financial statements from the general meeting to the supervisory board, or the authorisation of the board of directors ‑ with the consent of the supervisory board to decide, at its due discretion ‑ on down payments on expected disbursements on a disputed credit balance or the expected dividend. Read

Benjamin Knorr


08.04.2020 - Simplified Adoption of Resolutions for German Limited Liability Companies

On 27 March 2020, the legislator adopted the Gesetz zur Abmilderung der Folgen der COVID-19-Pandemie im Zivil-, Insolvenz- und Strafverfahrensrecht (Act to Mitigate the Consequences of the COVID-19 Pandemic under Civil, Insolvency and Criminal Procedure Law, “Act on Mitigating Measures”) which came into force just one day after its promulgation. The Act aims at facilitating the passing of resolutions of German limited liability companies (GmbH) and stock corporations (AG) in order to mitigate the consequences of the COVID-19 pandemic for the population and the economy. Read

Valerie Hoffmann Christian Kalusa


02.04.2020 - Amendments to the Stock Corporation Act on the General Meeting by the Act to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Proceedings Law ("Act on Mitigating Measures")

In addition to amendments, particularly in insolvency law, the German Act on Mitigating Measures has temporarily created substantial facilitations for the holding of general meetings. The amendments primarily relate to the options for electronic participation in the General Meeting (online General Meeting), the convening of the General Meeting, the time frame for the date of the General Meeting, advance payments on the balance sheet profit and restrictions on the right of contestation. Major legal amendments are briefly summarised. Read more

Winfried Richardt Oliver Köster


02.04.2020 - Duties of the Management with regard to the Economic Stabilisation Fund Act (WStFG)

In the wake of the corona pandemic, the German economy is facing one of the greatest - if not the greatest - challenges since the founding of the Federal Republic of Germany. The crisis is causing enormous uncertainty among companies in the real economy as well as on the financial markets. Read more

Dr. Daniel Walden Martin Lawall


25.03.2020 - Federal Government Legislative Package to Mitigate the Effects of the COVID 19 Pandemic

The German federal government today presented the "Draft of a law to mitigate the effects of the COVID-19 pandemic".The legislative draft contains far-reaching regulations in various fields of law. Read more

+++ Update: Federal Government Legislative Package to Mitigate the Effects of the COVID-19 Pandemic (25 March 2020) - Read more +++

Dr. Daniel Walden


17.03.2020 - Relevance of SARS-CoV-2 (Coronavirus) for Functional Management Specifications

Are management boards, managing directors, supervisory boards under special legal obligations with regard to SARS-CoV-2, i.e. the coronavirus? The question is becoming increasingly crucial: The coronavirus is spreading. Read more

Dr. Daniel Walden


05.03.2020 - Who is to pay compensation for loss of sales incurred by companies?

Berlin's Businesspeople Feel Uncertain: Who Will Pay for the Damage?  Where Can Help Be Obtained? First information was provided by the economic authorities on Thursday. Christian Hipp and Dr Patrick Hübner give a first insight into the legal issues.They point out that every business operator must first ask himself whether he knows exactly what his supply chain is. The article is available in German. Read 

Corporate  patrick Hübner

Corporate Social Responsibility

30.06.2020 - German Government Sets Out for More Sustainability

Today, the Federal Government of Germany published its national programme for Germany's presidency of the Council of the EU, called "Together for Europe’s recovery". As expected, the programme focuses on searching for the right responses to the coronavirus pandemic. Read more

Dr. André DeppingMatthias EtzelDaniel Walden


17.06.2020 - The Council Presidency Trio Commits to More Sustainability

Enterprises should prepare for increased ‑ also regulatory ‑ measures to promote a sustainable economy and the announced transition to a green economy. Read more

Dr. André Depping Matthias EtzelDaniel Walden


09.04.2020 - Corona vs. CSR: Does the Virus also Stop Sustainability?

The coronavirus is omnipresent, and the measures required to contain it are having a serious impact on society in general and on the economy in particular. At present, here and now, many people and companies feel that there are more important things to do than deal with sustainability issues. Read more

 Dr. André Depping  Matthias EtzelDaniel Walden

Data Protection Law

05.06.2020 - The Coronavirus Crisis: New Relaxations - New Information Obligations

The decreasing number of coronavirus cases in Germany has led to a gradual easing of the strict safety measures and, depending on the federal state, citizens are again allowed to visit a number of public meeting places, in particular restaurants and pubs. Since this involves the collection and storage of personal data, the operators are faced with the challenge of complying with the requirements of the General Data Protection Regulation (GDPR). Read

 Christian Frederik Döpke Matthias Zimmer-Goertz


30.04.2020 - Digital Works Council Work on the Home Straight: German Parliament Passes Bill

At the end of April, the German Parliament (Bundestag) adopted the resolution recommendation and the report of the Committee for Labour and Social Affairs (BT Printed Matter 19/18753) for a law on the promotion of continuing vocational training in structural change and the further development of training assistance. Read more

Arbeitsrecht Laureen Lee


17.03.2020 - Working from Home During the Coronavirus Crisis: Data Protection Requirements

In order to reduce the risk of infection and spread of the coronavirus (SARS-CoV-2), many companies are currently choosing to allow their employees to work from home if possible. If personal data are processed when working from home, it must be noted that the GDPR data protection regulations apply just the same. This applies in particular to the duty to take appropriate technical and organisational protective measures to prevent an infringement of data protection. Read more

Christian Frederik Döpke Matthias Zimmer-Goertz


16.03.2020 - Corona virus and data protection: Which data may be processed to what extent?

Not only but, in particular, with regard to employment relationships in times of the corona pandemic the question arises whether relevant data may be collected and processed with regard to the employees. Read more

Susanne Klein

EU-Law

04.05.2020 - 25 Years Schengen Area - The Challenges of COVID-19 and the Consequences of the Pandemic for the Freedom of Goods and Services

More than a month ago, Europe celebrated the first 25 years of the abolition of intra-European border controls - and this despite the restrictions on freedom of travel and the free movement of goods that have just been introduced. Since the Treaty on the European Economic Community came into force more than 60 years ago, the four fundamental freedoms have contributed to the creation of a single market which has been significantly strengthened with the abolition of intra-European border controls. Read more

Rainer Bierwagen


14.04.2020 - Corona Crisis: EU State Aid Decisions for Germany

+++Update: 14 April 2020+++

The following article presents the current decisions of the European Commission in EU state aid law during the corona crisis for the German legal sphere. Read more

Christopher Theis Ramona Tax


02.04.2020 - State Aid in the Corona Crisis

The measures taken by the EU Member States to support their economies in the wake of the corona pandemic fall under the EU aid regime insofar as the support actions constitute aid within the meaning of Article 107 (1) of the Treaty on the Functioning of the European Union (TFEU). It covers all state measures that selectively confer economic advantages on certain undertakings, groups of undertakings or sectors of the economy, thereby distorting competition between undertakings and trade within the single market. These advantages may be of differing nature. Read more

Rainer Bierwagen Ramona Tax

Finance, Restructuring and Insolvency

03.06.2020 - Obligation to file for insolvency due to rent arrears caused by the Coronavirus

The COVID-19 pandemic and the related lockdown have led to dramatic economic losses for many companies. As a result, many companies were and are currently unable to continue paying their rent on time. Read

Moritz Handrup


22.05.2020 - Supervisory Measures by BaFin in Connection with Covid-19

At its annual press conference on 12 May 2020, the German Federal Financial Supervisory Authority (BaFin) addressed the emerging regulatory challenges. Although it cannot and does not want to suspend existing supervisory law, it will use legal leeway to adapt supervisory practice to the crisis. This applies, for instance, to the following measures. Read more

 Christoph Schmitt Joel Schaaf


15.05.2020 - Corporate reorganisation in times of Corona or "the flavour of the hour"?

For many companies, the corona crisis means an emergency braking from 100 to zero and poses huge challenges for the economy. The legislator reacted quickly and, with the Covid-19 Insolvency Suspension Act ("COVInsAG"), first and foremost largely suspended the obligation to file for insolvency. In addition, managing directors and board members are no longer personally liable if they still pay invoices despite being unable to pay, in order to ensure the continuation of the Business. Read more

Heinrich Meyer Moritz Handrup


23.04.2020 - Delayed Payment of Short-Time Allowance by Employment Agency – Pre-financing of Reimbursement Claim by Main Bank?

Germany has turned to short-time work. Thanks to the relaxation of the short-time work allowance (KUG) in response to the coronavirus crisis, more than 720,000 companies are currently using short-time work, according to media reports. And the longer the crisis lasts, the more companies will likely do so. Read more

 Christof Aha Heinrich Meyer Daniel HundFrank Primozic


22.04.2020 - Overview of all support measures of the federal government and each individual federal state

+++ Update: 22 April 2020 +++

This article provides an overview of existing and planned federal and state financial support measures. The article also contains direct links to the relevant authorities and banks and is updated regularly. Read more

Maximilian Degenhart


07.04.2020 - Measures to ward off a liquidity crisis: KfW instant loan for medium-sized Enterprises

KfW has launched a new special programme for enterprises: The instant loan (Schnellkredit) for medium-sized enterprises. Medium-sized enterprises will soon be able to apply for the new KfW instant loan, intended for acquisitions (investments) and running costs (working capital). The loan will be fully hedged by a guarantee from the German Federal Government. Read more

Heinrich Meyer Christoph Schmitt


03.04.2020 - No Duty to File for Insolvency but Risk of Fraud!

With the German Act to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Proceedings Law and the COVID-19 Insolvency Suspension Act (COVInsAG) contained therein (COVInsAG) of 27 March 2020, the obligation to file an insolvency petition (section 15a InsO) was temporarily suspended in the cases described in more detail below (see no. 1) and thus at the same time a possible criminal liability due to the allegation of delay in filing insolvency (see under 2). However, this does not eliminate all risks of criminal liability in the event of insolvency, as the following comments show (see under 3). Read more

Bielefeld Handel Schmid


24.03.2020 - Capital in Crisis - Federal Government establishes Economic Stabilisation Fund

On Monday, 23 March 2020, the Federal Cabinet of Germany adopted the draft bill for an Act on the Establishment of an Economic Stabilisation Fund ("WStFG"), and we would like to keep you up to date on it, also in view of the expected liquidity bottlenecks. Read more

Heinrich Meyer Christoph Schmitt Frank Primozic Dr. Moritz Handrup


24.03.2020 - BB Corona Task Force - Update: Planned legislative modifications to overcome the crisis 

The corona crisis currently confronts us with probably the greatest challenge of the post-war period. The legislator is pressing ahead with its response to the crisis and is currently preparing a draft bill to mitigate the repercussions of the crisis. To this end, the planned legislative package comprehensively intervenes in central insolvency and civil law regulations in order to protect the affected companies from insolvency and to steer the economy towards the future. Read

An update to this article dated 24 March 2020 is available at here. 

Heinrich Meyer Christoph Schmitt Frank Primozic Dr. Moritz Handrup Wilken Beckering


23.03.2020 - Measures to avert the liquidity crisis

Important measures to avert the liquidity crisis for your information: A summary of the KfW information for banks as well as details of the facilitations for commercial banks in suspending redemption payments. Read

Heinrich Meyer Christoph Schmitt Frank Primozic Dr. Moritz Handrup


20.03.2020 - Update on the Legislative Proposal for the Temporary Suspension of the Obligation to File for Insolvency due to the Corona Epidemic

The legislative draft announced last week by the Federal Ministry of Justice (BMJV) to ease the obligation to file for insolvency is expected to be passed by the Bundestag and Bundesrat (federal parliament and council) next week. A draft bill has not yet been published. The BMJV, however, has already announced that the easing of the obligation to file for insolvency will be tied to the following conditions. Read more

Dr. Florian Weichselgärtner


18.03.2020 - Measures to overcome the corona crisis

Most companies, regardless of their industry, are currently feeling the drastic consequences of the corona crisis. The measures taken in many places due to the pandemic (entry restrictions, quarantine, etc.) are having a massive impact on the economy. In particular, these measures lead to a blockage of trade routes, causing supply chains to collapse and thus a marked decline in both exports and imports. In addition, many companies have limited or, in the worst case, no access to important employees; this also has a negative impact on productivity. More information

Martin Rappert Heinrich Meyer Torsten Cülter Florian Weichselgärtner


16.03.2020 - BEITEN BURKHARDT supports companies with a task force in applying for state aid

The Federal Government is reacting to the economic crisis looming as a result of corona and, according to its own statement, will provide "through the KfW without limitation credit programmes to secure the credit activities of the house banks".

The measures launched are not only aimed at supporting a particular sector, but at enterprises of all sizes and in all sectors. According to statements, the spectrum of those affected ranges "from the smallest taxi driver to the creative industries to really big companies". Read

Christof Aha Heinrich Meyer Frank Primozic Christoph Schmitt 

Health

29.05.2020 - Update: Entry into force of the Medical Need Health Care Assurance Regulation ("MedBVSV") of the Federal Ministry of Health (BMG)

The Health Care Assurance Regulation MedBVSV which was announced on 14 April 2020 entered into force on 27 May 2020. Read more

 Silke Dulle Robert Schmid


18.05.2020 - Second Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance

Subsequent to the "Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance" dated 25 March 2020, the German Parliament passed the draft bill of the Second Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance, proposed the parliamentary groups of the Christian Democratic Union (CDU/CSU) and the Social Democratic Party (SPD) on 14 May 2020, with votes of the CDU/CSU and SPD parliamentary groups. Read more

 Silke Dulle Robert Schmid


28.04.2020 - Digital Health Applications Ordinance – DiGAV of 21 April 2020

To contain the spread of the coronavirus, the use of applications (apps) that are used on smartphones or smart watches has been proposed frequently. It is not least this consideration that suggests that digitisation should also be promoted in the healthcare sector. Read more

 Silke Dulle Robert Schmid


24.04.2020 - Caution with the Designation of COVID-19 Masks

In the course of the COVID-19 pandemic, all 16 German federal states have now introduced compulsory masks. In most of the federal states this duty to wear masks is to apply to shops and public transport. It is sufficient in all federal states to wear ordinary fabric masks. Read more

David Moll


23.04.2020 - Update: Entry into Force of the SARS-CoV-2 Pharmaceuticals Supply Regulation of the Federal Ministry of Health (BMG)

The SARS-CoV-2 drug supply regulation announced on 8 April 2020 came into force on 22 April 2020 (SARS-CoV-2-Pharmaceuticals Supply Regulation). The Regulation deviates considerably from the draft bill in some sections. Read more

Silke Dulle Robert Schmid


17.04.2020 - Planned enactment of the Federal Ministry of Health (BMG) of the SARS-CoV-2-Pharmaceuticals Supply Regulation and Medical Needs Supply Securing Regulation within the course of the corona crisis

With this article we would like to inform you about further facilitations concerning the marketing of medical products and personal protective equipment ("PPE"). Read more

 Silke Dulle Robert Schmid


15.04.2020 - Update on the Placing on the Market of Medical Devices and Personal Protective Equipment (PPE) such as (Respiratory) Masks in the Context of the Coronavirus Crisis

In our posts dated 1 April 2020 and dated 2 April 2020 we informed about the placing on the market of medical devices and personal protective equipment in the context of the corona crisis. Taking current developments into account, we provide the following update. Read more

 Silke Dulle Robert Schmid


02.04.2020 - The Placing on the Market of Personal Protective Equipment such as (Respiratory) Masks

In the course of the spread of the disease COVID-19, caused by the virus SARS-CoV-2, there is currently a high demand especially for products such as (respiratory) protective masks. This raises the question whether such products can easily be offered on the market. Read more

Silke Dulle Robert Schmid


01.04.2020 - Facilitating the placing on the market of medical devices in the course of the coronavirus crisis

In the course of the spread of the COVID-19 disease, caused by the virus SARS-CoV-2, there is an increasing shortage of medical devices. There is also an acute need for newly developed medical devices, such as rapid tests. The products are subject to the provisions of the Medical Devices Directive 93/42/EEC. The regulations define the requirements for technical design, manufacture and sale. Read more

Silke Dulle Robert Schmid


30.03.2020 - Legislative packages to support the public health system in managing the coronavirus epidemic

On 25 March 2020 the German Bundestag adopted draft bills proposed by the parliamentary groups of the Christian Democratic Union (CDU/CSU) and the Social Democratic Party (SPD) for the "COVID19 Hospital Relief Act" and the "Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance" with the votes of almost all parliamentary groups. The two legislative packages were approved by the German Bundesrat, the Federal Council, on 27 March 2020. Read more

Silke Dulle Karl Dieter Müller Robert Schmid

Hotels & Leisure

12.03.2020 - Coronavirus: Current entry regulations

Here you will find an overview of the entry regulations or restrictions that some countries have imposed in the course of the coronavirus. As soon as we have new information regarding these regulations, this overview will be updated accordingly. Read

Reiserecht


11.03.2020 - Coronavirus: Special cancellation regulations in travel law

In principle, the passenger can only cancel the trip free of charge if exceptional, unavoidable circumstances at the destination or in its immediate vicinity significantly affect the performance of the trip. Please find some information on this at the end of this document. Read

Reiserecht


28.02.2020 - Legal assessment of the corona situation with regard to tourism

Dr Hans-Josef Vogel has prepared a legal assessment of the corona situation in relation to tourism for the online Internet travel portal association VIR and has compiled the most important questions and answers for us. Read 

Reiserecht

Insurance Law

11.08.2020 - New Developments Regarding Business Shutdown Insurances

By now, most of those affected will know how their insurer handles shutdown insurance claims in the coronavirus crisis. Some insurers are settling the claims, while others refuse to accept a liability. In many other cases insurers offer a compromise based on the so-called "Bavarian solution". Read more

Dr. Philipp Sahm


23.03.2020 - Insurance versus Corona - When does a shutdown insurance pay?

The corona crisis has reached a new dimension with the forced closure of many businesses. In this context the question arises as to whether insurance will cover the costs of the Corona crisis. In the first place, a so-called shutdown insurance may be considered. We will explain which risks are covered by such insurance. Read more

+++ Update regarding shutdown insurances 08 April 2020 - Read more +++

Dr. Philipp Sahm

IT-Law

16.03.2020 - Coronaviurs: Impact on IT Contracts

The coronavirus "SARS-CoV-2" is becoming an increasing burden for human beings and the economy. In view of the rapid development, an illness of employees or an official quarantine of the business premises can also lead for IT contractors to the fact that obligations can no longer be met fully. This can give rise to claims of the principals. Read more

Wojtek Ropel Florian Jäkel-Gottmann Lennart Kriebel

Labour Law

18.05. 2020 - Short-Time Working, Act 2 - Be Careful When (Hastily) Applying for Short-Time Allowance!

The payment of short-time allowance is preceded by a two-stage procedure. At first, the "notification of loss of working hours" must demonstrate that the general and operational requirements for short-time allowance (sections 96, 97 SGB III (Third Book of German Social Code)) are fulfilled. Among other things, it must be stated in the notification to what extent the working hours are to be reduced. Read more

Gerald Müller-Machwirth


18.05.2020 - Back to the Future - Returning from the Corona Lockdown

The corona pandemic is not yet over but restrictions in the world of work are being eased. After a lockdown lasting weeks, companies are now preparing for their employees to return to their offices, salesrooms, construction sites, factories and the football ground. What has to be kept in mind and reserved for the return from the corona lockdown and what will be left of the corona-dominated working conditions. Read more

Arbeitsrecht


11.05.2020 - Legally safe use of conference tools during the crisis

Skype for Business, GoToMeeting, Webex, or Zoom enable "virtual meetings" between several participants and are currently valuable tools. Dr Anja Branz and Laureen Lee explain which labour and data protection regulations should be observed when introducing and using such systems. Read

 Anja Branz Lauren Lee


11.05.2020 - The right way out of short-time work

Dr Michaela Felisiak and Markus Künzel answer questions on labour law-related issues in connection with the coronavirus in an interview with "Lohn&Gehalt". You can access the interview here.

 Michaela Felisiak Markus Künzel


08.05.2020 - Employment of Foreign Skilled Workers in Times of Corona

It was not until 1 March 2020 that the new German Immigration Act for Skilled Workers came into force, which was intended to expand and in some cases facilitate access to the labour market in Germany for skilled workers from countries outside the European Union. Only a short time later, due to the increasing spread of the corona virus, travel restrictions were imposed worldwide which currently make skilled worker immigration seem impossible. Read

 Michaela Felisiak Martina Schlamp


06.05.2020 - Corona and No End in Sight - What if Staff Reductions Become Unavoidable?

Corona keeps the whole world in suspense. The repercussions of the pandemic and the measures adopted to manage the crisis are clearly felt by everyone every day. Many companies are keeping themselves afloat and survive with short-time working and shielding measures under the government's protection scheme. Other companies already see no alternative to staff cuts. Read

Doreen Methfessel


04.05.2020 - Holidays Against Your Will? – A stroll through German Holiday Law in times of the corona pandemic

The consequences of the global corona pandemic are also seriously affecting the German economy. Under the impression of the current crisis, many companies are faced with a lot of questions and new challenges, from a labour law perspective. This applies not least to questions concerning the granting of holidays. Read more

Johannes Allmendinger


04.05.2020 - Coronavirus and Staggered Increase in Short-time Working Allowance

On 22 April 2020 the grand coalition agreed on an increased short-time working allowance and thereby distributed generous presents. What does that mean? Short-time working allowance, as a payment out of unemployment insurance, is intended to compensate for the loss of earnings suffered by employees as a result reduced working hours. Read more

Arbeitsrecht


30.04.2020 - Digital Works Council Work on the Home Straight: German Parliament Passes Bill

At the end of April, the German Parliament (Bundestag) adopted the resolution recommendation and the report of the Committee for Labour and Social Affairs (BT Printed Matter 19/18753) for a law on the promotion of continuing vocational training in structural change and the further development of training assistance. Read more

Arbeitsrecht Laureen Lee


24.04.2020 - Lockdown - Extensive closure of companies and (public) facilities

The German Federal Government and the governments of the federal states agreed on 16 March 2020 on joint guidelines for further action against the expanding Sars-CoV-2 pandemic and the associated disease (COVID-19) and significantly expanded these guidelines on 22 March 2020. You can get a complete overview in the article by Dr Müller-Machwirth and Dr Johannes Allmendinger. Read more

Gerald Müller-Machwirth Johannes Allmendinger


22.04.2020 - Current Occupational Health and Safety Standards in the Corona Crisis?

On 16 April 2020, German Minister Hubertus Heil and Dr Stefan Hussy, Managing Director of the German Social Accident Insurance, jointly presented measures for a uniform occupational health and safety standard for the period of the corona pandemic (see the Ministry's communication). Read more

Arbeitsrecht


14.04.2020 - Federal Government intends to make digital works council work possible

Calls for opening the Works Constitution Act (Betriebsverfassungsgesetz - BetrVG) towards digitalisation existed long before the outbreak of the Corona pandemic. Numerous voices so far declared themselves in favour of admitting the passing of decisions via video conference. Read more

Arbeitsrecht


14.04.2020 - When day care centres are closed due to coronavirus – what applies to employees taking care of their relatives?

As far as working parents are concerned, the legislature reacted quickly and responded to the closing of schools throughout the country with a revision of the German Protection Against Infection Act (Infektionsschutzgesetz InfSchG). This provision does not, however, solve the problems of workers who look after their dependent parents themselves and take them to day care facilities during the day. Read more

Arbeitsrecht


01.04.2020 - Getting through the Corona Crisis by Short-Time Work

Many companies and their employees experience the repercussions of the Corona pandemic on business operations and their options to work tightening every day. The German government has, thus, laid the foundations at an early stage to make it easier for companies to get access to and make use of short-time allowance. The introduction of short-time work may, indeed, be a possibility to help companies through difficult times. Read more

Corinne Klapper


26.03.2020 - Continued Payment of Wages in the Case of Closure of Childcare Centres and Schools - New Legislative Regulation

In almost all companies, the effects of the closure of childcare facilities and schools are being felt. Parents have to look after the children at home because the grandparents belong to the risk group and, for once, cannot help with the care. In HR departments, the question therefore arises as to how long parents do not have to work because of childcare and what effect childcare has on earnings. Read more

Arbeitsrecht


26.03.2020 - Compensation for Employers under the German Protection Against Infection Act?

Already today the coronavirus pandemic pushes many large and small companies to the brink of their economic capacities. In their distress, companies clutch at any straw. This is all the more understandable as sometimes the false impression in conveyed that legal provisions ‑ for example the Protection Against Infection Act (IfSG) ‑ promise compensation payments in enormous amounts in the current Situation. Read more

Arbeitsrecht


12.03.2020 - Corona Labour Law ABC

A great deal is being written, talked and coughed about the coronavirus "SARS-CoV-2". Nevertheless, much remains unclear. The disease is spreading and the hysteria in addition is spreading even faster. Read more

Arbeitsrecht


11.03.2020 - Legal questions on the coronavirus - "Employers have a duty of care"

Dr Kathrin Bürger was invited by Bayerischer Rundfunk to an expert discussion: In the morning magazine of the radio station BAYERN 2 you will find answers to labour law questions in connection with the corona virus. The interview is available only in the German language. Listen

Arbeitsrecht


06.03.2020 - Labour Law Immune System - Tips for Employers in the Time of Coronavirus

The coronavirus continues to spread and more and more companies are affected. To ensure that you are well prepared for the questions of your employees and that the company gets through the next weeks and months safely, the most important topics will be dealt with here. After all, information and the right communication are the best means against uncertainty among employees. Read more

Arbeitsrecht


27.02.2020 - Radio interview: Labour law and coronavirus - Staying at home for fear of infection?

In a radio interview with the German radio station Deutschlandfunk, Dr Kathrin Bürger provides information on whether employees are allowed to stay away from work for fear of infection with the coronavirus, what the employer's duty of care is and what else has to be taken into account in the matter of coronavirus from the point of view of labour law. The interview is available in German only. Listen 

Arbeitsrecht


11.02.2020 - May the Employer Order a Trip to China?

The coronavirus is not only a mystery to doctors. The fear of the infectious agent also causes problems at work. The most important questions and answers on labour law with Dr Stefan Lochner in the German newspaper Sueddeutsche Zeitung. The article is available in German only. Read 

Arbeitsrecht


06.02.2020 - The Coronavirus and Business Travel - Employees with a Temperature make Employers Work up a Sweat

"Are employers entitled by virtue of their right to give instructions to send their employees on business trips to China or even directly to Wuhan? How is a business trip regulated by labour law?" Dr. Erik Schmid will explain. Read more

Arbeitsrecht


05.03.2019 - No Reduction in Holiday Pay due to Short-Time Work

The holiday pay provided for the statutory minimum leave may not be less than the normal remuneration, even in the event of short-time work. However, short-time work may lead to a reduction in the duration of the minimum annual leave - European Court of Justice (ECJ), decision of 13 December 2018, file ref. C-385/17. Read more

Maike Pflästerer

Litigation

05.05.2020 - Coronavirus & courts: Crisis as a chance for video hearings in accordance with section 128a German Code of Civil Procedure (ZPO)

Many are currently working from home due to the coronavirus pandemic. Video conferencing has become part of everyday life. Enabling communicative exchange while avoiding physical contact has led to numerous "zoom meetings" at home, as well as numerous legislative innovations. Read

Florian Weichselgärtner

Media Law

27.04.2020 - Live streams on the Internet: Simplified notification requirements for broadcasting licenses

A broadcasting license may also be required for live streams on the Internet. If this is the case, the live stream must be notified to the State Media Authorities. In the course of the corona crisis, the State Media Authorities have lowered the requirements for such a notification. Live streams can now be notified to the Media Authorities in a simplified form until 31 August 2020. Read more

Florian Jäkel-Gottmann

M&A

14.05.2020 - Distressed M&A in Germany

Insolvencies in Germany were at a record low in 2019 and insolvency administrators were feeling underworked. And along came a virus that changed economic reality in a heartbeat. Whilst the German legislative has done its utmost to mitigate the economic consequences, it does not take the magical talent of the future-teller to realize: there will be numerous insolvencies in 2020 and 2021, and with that bargains for investors. Obviously, there are not only opportunities, but also risks in acquiring a company out of bankruptcy. Read more

 Wilken Beckering Reiserecht


11.05.2020 - Update: Federal Ministry for Economic Affairs Presents Amendments to German Foreign Trade and Payments Ordinance with Supplements to the Health Sector

As already reported, a draft law on tighter controls on investments from non-EU countries has been submitted to the German Parliament (Bundestag), and the German Federal Ministry for Economic Affairs and Energy (Bundesministerium für Wirtschaft und Energie, BMWi) is also planning amendments to the Implementing Regulation for the Act. Read

Rainer Bierwagen


16.04.2020 - Strengthening of Investment Controls in Germany and Europe

Over the last two years, investment control rules were strengthened throughout Europe, or for the first time adopted, and a common framework for the assessment of foreign direct investments created by the European Union. The current health crisis which leads to lower stock values of publicly traded companies and generally weakened company values, stokes fears of foreign companies buying the control of EU companies "on the cheap". Read more

Rainer Bierwagen


02.04.2020 - Company Acquisition in times of Corona - Strengthen your own Position, Exploiting the Opportunities offered by M&A activities

The corona crisis is currently causing great uncertainty in the market. No one can anticipate how long the crisis will last and how much the global economy will be affected despite unprecedented government support measures. This uncertainty is reflected in the international capital markets: unprecedented price losses are followed by double-digit price gains before sliding back down again. Read more

Kapfer Christian Kalusa Torsten Cülter

Procurement

28.04.2020 - Overview of Communications, Circulars, Decrees and Administrative Regulations at EU, Federal and State Level concerning the Implementation of Award Procedures during the Corona Crisis (as of 28 April 2020)

+++Update: 28 April 2020+++

This article provides an overview of existing facilitations in the implementation of procurement procedures at EU, federal and state level. The article also contains direct links to the relevant communications, circulars, decrees and administrative regulations and is regularly updated. Read more

Sascha Opheys Christopher Theis


07.04.2020 - The ten most important Questions and Answers regarding the Operation and Arrangement of Contract Award/Procurement Procedures in the Corona Crisis

This article provides you with answers to the ten most important procurement right questions arising at present in current and planned contract award and procurement procedures due to the Corona crisis. The selection is based on numerous questions submitted to us recently by awarding offices, bidder representatives or specialist advisers. Read more
 

Lars Hettich Sascha Opheys Theis


23.03.2020 - Possibilities for accelerated procurement in times of the "corona crisis"

Especially in times of crisis, public procurement law is seen as a potential impediment to rapid procurement. It is thus all the more important that public contracting authorities are aware of the possibilities available under public procurement law for the implementation of accelerated award procedures and make consistent use of them. Read more

Sascha Opheys

Public Law

29.04.2020 - Retail business in the corona crisis 

Who may open, who may not? What about the 800 square metres? Is there a chance of opening my store and getting compensation? These are the questions that worry retailers these days. More information

Stephen LampertKatrin LüdtkeHans Georg Neumeier


17.03.2020 - Coronavirus: Prohibiton of events and business operations

The Bavarian State Ministry for Health and Care and the Bavarian State Ministry for Family, Labour and Social Affairs issued a general order on 16 March 2020. Our experts Hans Georg Neumeier, Katrin Lüdtke, Dr Stephen Lampert and Dr Daniel Walden provide an overview. More information

Hans Georg Neumeier Katrin Lüdtke Stephen Lampert Daniel Walden

 

Real Estate

25.06.2020 - Effects of the planned reduction of VAT rates on the real estate industry

On 3 June 2020, the coalition committee of the German government adopted the economic stimulus package "Combating corona effects, securing prosperity, strengthening sustainability". On 12 June the German government adopted the government draft of the "Second Corona Tax Assistance Act". The law is expected to be passed by the Federal Parliament (Bundestag) and the Federal Council (Bundesrat) on 29 June. Read more

Jens Müller


18.05.2020 - Commercial Lease Law: Dispute about Rent Payments in Times of Corona

In response to the corona crisis, all German state governments took measures to slow down the spread of the new corona virus, mainly in March 2020 on the basis of the Infection Protection Act. In Berlin, for instance, numerous regulations were put into force by the legislator for this reason from mid-March 2020. Read more

Thomas Jilg Robin Maletz


03.04.2020 - Condominium Act on the Term of Office of Propert Managers

The Bundestag (Federal Parliament) and Bundesrat (Federal Council) have passed the " Act on Mitigation of the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Proceedings Law". Due to the current restrictions on the freedom of assembly, temporary special regulations in residential property law have been adopted in addition to the simplifications in company law, among other things, for holding general meetings and shareholders' meetings. Read more

Anja Fischer


30.03.2020 - Possible Effects of the Coronavirus on Real Estate Law

In connection with current events, the question arises as to the effects and implications of the coronavirus SARS-CoV-2 (formerly 2019-nCoV) (hereinafter coronavirus) on contractual arrangements. The coronavirus, now classified as a pandemic by the World Health Organization (WHO), is spreading more and more in Germany and the consequences are already having a massive impact on everyday commercial Transactions. Read more

Klaus Beine Angela Kogan


27.03.2020 - Coronavirus crisis: impacts on the construction industry Even now each case is different

In the current crisis, construction companies may assume that, if a building project is disrupted by the consequences of the coronavirus crisis, they could automatically invoke Force Majeure, discontinue or restrict their services and request extensions of the construction period. Read more

Klaus Beine


25.03.2020 - Lease Law in the Legislative Package against the Consequences of the Corona Crisis

As a remedy for the severe distortions to the overall economy caused by the Covid-19 pandemic, the federal government has drafted a package of laws that provides for far-reaching temporary changes in civil law. The Bundestag (Federal Parliament) and Bundesrat (Federal Council) are rushing through this package in order to have it passed this week. It is due to come into force on 1 April  2020. Read more

Klaus Beine

Start-ups / Venture Capital

13.05.2020 - State rescue package for start-ups implemented as two-pillar model

Following the announcement of further aid measures at the beginning of April and the decision on the Matching Fund at the beginning of May, additional details are now available. Read more

Christian Kalusa Dr. Gesine von der Groeben Mario Weichel


04.05.2020 - State Support Measures Bypass Start-ups (so far)

Maintaining liquidity - for many start-ups this is currently the most urgent question in the corona crisis. German policy has already taken far-reaching measures to support small and medium-sized enterprises in the current situation but not all are eligible for start-ups. This is because start-ups are usually equity-financed and only rarely via loans. In this respect, the German government's package of measures provides only limited help for the following reasons. Read more

Dr. Gesine von der Groeben


24.03.2020 - Start-up Venture Capital - Labour law amid the Coronavirus crisis

Coronavirus affects the whole world, including the world of work and labour law. The crisis does not stop at start-ups either. The disease is spreading rapidly and with it questions around labour law. Much remains unclear. We put together the most important aspects about Corona for start-ups. Read more

Michaela Felisiak Arbeitsrecht


23.03.2020 - Digital Signatures (not only) in Times of the Coronavirus

Due to the coronavirus, work in the area of start-ups is at present also frequently or predominantly done in the home office. In this context, the question of whether and to what extent documents can be signed using digital signatures is becoming increasingly relevant. There are various providers such as DocuSign, for instance, who provide different offers for the electronic signature of documents. Read more

Dr. Gesine von der Groeben Eva Kreibohm


20.03.2020 - The Effects of SARS-CoV-2 (Coronavirus) on Supply Relationships and their Conse-quences under the Law of Obligations, especially for Start-ups

The effects of the coronavirus on national and international supply relationships are already being noticeable. Due to the numerous measures that are being taken worldwide against the spread of the coronavirus, the supply of important raw materials and goods has often come to a standstill. Important production facilities are currently closed due to the corona pandemic; production is temporarily stopped. Read more

Andre Depping Timm Neugebauer Florian Weichselgärtner


19.03.2020 - Start-ups and the Corona Crisis – Adjust and Move on

Sequoia Capital shared on 5 March 2020 the post "Coronavirus: The Black Swan of 2020". The venture capital investor recommends that the start-ups in which it has indirectly invested will among other things save costs, reduce their own cash burn rate and adjust their targets at least for the current financial year. Read more

Christian Kalusa


18.03.2020 - Particular impact of SARS-CoV-2 (coronavirus) on managing directors' duties of start-up companies

Generally speaking, the question has arisen for all companies for some time whether management boards, managing directors and supervisory boards are under special legal obligations with regard to SARS-CoV-2, i.e. the coronavirus. In the meantime, it is evident that the answer to this question is affirmative without doubt. Since the measures taken against a further spread of the coronavirus obviously have a massive economic Impact. Read more

Daniel Walden

Tax Law

01.07.2020 - Extension of the Deadline for the Collection of Tax Benefits - Tax Compliance Management as a Protective Shield

In addition to the regulation of fiscal benefits, the second Coronavirus Tax Relief Act also contains new regulations with reference to fiscal offences, which once again illustrate the necessity of effective tax compliance management. Read more

Handel


01.07.2020 - Reintroduction of the Reducing Balance Method of Depreciation of Movable Assets

The second German Coronavirus Tax Relief Act restores the possibility, urgently demanded by the business community, of using the declining balance method of depreciation on movable fixed assets. Read more

Matthias Ohmer


01.07.2020 - Extension of Tax Benefits for Electric Vehicles as Company Cars

In the course of the second German Coronavirus Tax Relief Act, the legislator has increased the maximum amount of the gross list price up to which a preferential taxation of private use of fully electric vehicles is applicable from EUR 40,000 to EUR 60,000. Read more

Daniel Hermes


30.06.2020 - Tax support for research and development is extended and increased

With effect from 1 January 2020 the German Research Allowance Act (Forschungszulagengesetz, FZulG) has been introduced. The initial restriction of the Act to six months has now been lifted and, at the same time, the maximum allowance amount will be doubled as of 30 June 2020. Read more

Moritz Bocks


30.06.2020 - Liquidity through tax loss carrybacks

In view of the dramatic economic effects of the coronavirus pandemic, the legislator has reacted by providing further relief: The Second Coronavirus Tax Relief Act temporarily, but at the same time significantly, improves the possibility of tax loss carrybacks. Read more

Rudolf MikusChristine Kruse


29.06.2020 - Second Coronavirus Tax Relief Act: Reduction of the Value Added Tax Rates as of 1 July 2020

The Federal Parliament (Bundestag) and the Federal Council (Bundesrat) today have adopted the Second Coronavirus Tax Relief Act. This Act provides for the reduction of value added tax rates (VAT) from 19 percent to 16 percent or from 7 percent to 5 percent for the period as of 1 July to 31 December 2020. A detailed application letter from the Federal Ministry of Finance (Bundesministerium der Finanzen, BMF) is meanwhile available. Read more

Jens Müller


25.06.2020 - Effects of the planned reduction of VAT rates on the real estate industry

On 3 June 2020, the coalition committee of the German government adopted the economic stimulus package "Combating corona effects, securing prosperity, strengthening sustainability". On 12 June the German government adopted the government draft of the "Second Corona Tax Assistance Act". The law is expected to be passed by the Federal Parliament (Bundestag) and the Federal Council (Bundesrat) on 29 June. Read more

Jens Müller


08.06.2020 - Coronavirus Tax Relief Act: Postponement of the first-time application of section 2b of the German VAT Act (UStG) and reduction of VAT for commercial canteen businesses

Just a few days after the German Parliament, the Bundestag, approved the Act on the Implementation of Tax Relief Measures to Overcome the Coronavirus Crisis (Coronavirus Tax Relief Act for short), also the Federal Council, the Bundesrat, approved it last Friday (5 June 2020). For the public sector, this means in particular that the extension of the deadline for the application of section 2b of the German Tax Act (UStG), which has been discussed for some time, is now official. Read more

Marcus MischeTeresa WernerJan Mohrmann


08.05.2020 - Short-Time Working in Non-Profit Organisations - Impact on Non-Profit Status

In the case of non-profit organisations, a number of questions arise in connection with short-time work allowance. In addition to the economic and labour law aspects, the preservation of non-profit status must always be ensured. Otherwise this will lead to considerable additional tax payments, which represent a high economic burden with serious consequences. Read more

Karl Dieter Müller Dragan Skrebic


08.05.2020 - Period of the Retroactive Effect for Restructuring Measures extended – Does this also apply for tax purposes as part of the German Reorganization Tax Act?

+++ Update 08 May 2020 +++

On 27 March 2020, the law for the Mitigation of the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Proceedings Law was announced in the Federal Law Gazette (BGBl. I 2020, page 569). Among other things, the retroaction under commercial law in case of restructuring measures for the year 2020 was extended from eight to twelve months. Read more

Update 08 May 2020: Read more

Karl Dieter Müller Benjamin KnorrDragan Skrebic


07.04.2020 - Extended deadlines for the filing of tax returns for 2018

Due to the coronavirus outbreak, tax returns for the year of assessment 2018 may not be filed in time. Consequently, some German states are granting an extension of time. Read

 Jens Müller Matthias Ohmer


07.04.2020 - Inheritance tax: Tax exemption for business assets at risk?

The coronavirus has already prompted the legislator to introduce far-reaching aid measures and tax breaks. So far, the inheritance and gift tax law has not been addressed. The wage bill regulation as regards the tax exemption for business assets, agricultural and forestry undertakings and corporate shares may, however, also be affected by the consequences of the coronavirus. Read more

Benjamin KnorrDragan Skrebic


26.03.2020 - Coronavirus: Refund of VAT Special Advance Payment

In addition to the measures discussed by us on 19 March 2020, the fiscal authorities of some of Germany's federal states have now decided on further relief ‑ particularly for VAT ‑ in order to strengthen the liquidity of companies affected by the coronavirus. Read more

Jens Müller Matthias Ohmer


19.03.2020 - Update: Tax reductions in the corona crisis

Many companies have made very good profits in previous years, and advance tax payments have been set accordingly by the tax authorities. Due to coronavirus and the resultant drops in sales and profits, companies are encountering liquidity Problems. Read more

Jens Müller Matthias Ohmer


18.03.2020 - Tax reductions for companies encountering liquidity problems because of coronavirus

Many companies have made very good profits in previous years, and advance tax payments have been set accordingly by the tax authorities. Due to coronavirus and the resultant drops in sales and profits, companies are encountering liquidity problems. The tax authorities have realized that and promised tax liquidity support for such companies. A communication of the Federal Ministry of Finance regarding this matter is currently being drawn up. The planned measures cover the following 3 points. Read more

Jens Müller Matthias Ohmer

White-Collar Crimes & Compliance

01.07.2020 - Extension of the Deadline for the Collection of Tax Benefits - Tax Compliance Management as a Protective Shield

In addition to the regulation of fiscal benefits, the second Coronavirus Tax Relief Act also contains new regulations with reference to fiscal offences, which once again illustrate the necessity of effective tax compliance management. Read more

Handel


16.06.2020 - Second Coronavirus Tax Relief Act: Tax relief on the one hand, significant effects for criminal tax law on the other

With a second law on the implementation of tax aid measures to overcome the coronavirus crisis (Second Coronavirus Tax Relief Act), the German government wants to ensure "that the economy quickly regains momentum" (RegE, S.1). In addition to a temporary VAT reduction, the draft provides for various other tax concessions. Read more

Handel


16.04.2020 - Risk of Fraud when Applying for Emergency State Aid in the Corona Crisis

The restrictions on public and economic life due to the coronavirus have led to a large number of companies drastically reducing or even completely suspending their business operations. To prevent the companies affected by the resulting drop in sales from being pushed into a serious economic crisis that threatens their existence, the Federal and State Governments are supporting those affected with various offers of assistance, in particular with financial emergency aid. Read more

Bielefeld Handel Schmid


03.04.2020 - No Duty to File for Insolvency but Risk of Fraud!

With the German Act to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Proceedings Law and the COVID-19 Insolvency Suspension Act (COVInsAG) contained therein (COVInsAG) of 27 March 2020, the obligation to file an insolvency petition (section 15a InsO) was temporarily suspended in the cases described in more detail below (see no. 1) and thus at the same time a possible criminal liability due to the allegation of delay in filing insolvency (see under 2). However, this does not eliminate all risks of criminal liability in the event of insolvency, as the following comments show (see under 3). Read more

Bielefeld Handel Schmid

China

23.04.2020 - Flyer: COVID-19 Outbreak in China: Impact on Commercial Contracts and Potential Remedies

+++Update+++

The COVID-19 outbreak in the People’s Republic of China (“PRC” or “China”) and the rest of the world is adversely affecting the performance of many domestic as well as international commercial contracts. The extension of PRC public holidays, flight delays and cancellations, mandatory and recommended quarantine measures as well as other national and international travel bans and restrictions will in many cases limit or eliminate the ability of parties to perform their contractual obligations in part or in full. Read more

China


23.04.2020 - Flyer: COVID-19 Outbreak in China: The PRC Supreme People‘s Court issued a "Guiding Opinion"

The PRC Supreme People‘s Court issued a “Guiding Opinion on Proper Handling of Civil Cases Involving the COVID-19 Outbreak According to Law” on 16 April 2020 and we summarise the ten topics governed therein. Read more

China


13.03.2020 - COVID-19: Resumption of Business Operations & HR Matters

  • Chapter I: How & When to Resume Work
  • Chapter II: Most Urgent HR Matters
  • Chapter III: Impact on Labour Contracts & Arbitration
    More information

China


05.03.2020 - Flyer: COVID-19 Outbreak in China: State-Level and Local-Level Government Measures Supporting Affected Foreign Invested Enterprises

A multitude of State- and Local-level policies has been issued to emphasise the PRC government’s efforts to tackle the COVID-19 outbreak and to support Foreign Invested Enterprises (“FIEs”). More information

China


 17.02.2020 - Flyer: COVID-19 Outbreak in China: Impact on Employment

Amid the COVID-19 outbreak in the People’s Republic of China (“PRC“ or “China“), PRC authorities have undertaken resolute measures in order to contain the spread of the COVID-19 epidemic. Amongst others, various policies on national, provincial and local level to safeguard public health have been issued, complimenting or reinforcing existing statutory PRC labour laws. More information 

China

 

France

Italy

NCTM Administrative & European Public Law - “Healing Italy” Decree new urgent measures in the field of administrative justice, administrative proceedings and environmental compliance

NCTM Administrative & European Public Law - Urgent measures in the field of administrative justice, administrative proceedings and environmental compliance: the “Cura Italia” Decree and its extensions


NCTM Administrative and Public Law, Real Estate - "Cura Italia" Decree: requisition of real estate property


NCTM Antitrust & Competition - State aid. The Commission will adopt a State aid temporary framework to support the economy in the context of the COVID-19 outbreak


NCTM Art - During the Exhibition the Gallery Will Be Closed. Distance selling must be in written form: the rules for gallerists


NCTM Banking & Finance - Coronavirus and financial aids for Italian enterprises

NCTM Banking & Finance - Liquidity degree


NCTM Capital Markets-COVID-19- Consob issues operational guidelines to the market on how to conduct shareholders’ meetings

NCTM Capital Markets - COVID-19: ESMA extension of deadlines for the publication of periodic financial information

NCTM Capital Markets - 2020 Shareholders’ Meetings Extension of deadlines to 180 days, remote voting and designated representative for listed issuers

NCTM Capital Markets - COVID-19 and Market Abuse Regulation Communication on the Suspension of Business Activities

NCTM Capital Markets-New amendments to Article 120 TUF and new enhanced transparency requirements


NCTM Corporate & Commercial - COVID-19: issues of concern to businesses in the field of personal data protection

NCTM Corporate & Commercial - Coronavirus and health and safety requirements

NCTM Corporate & Commercial - Coronavirus emergency: permitted and suspended business activities

NCTM Corporate & Commercial - The impact of Coronavirus (i) on commercial contracts and (ii) on certain company law aspects for companies organised in the form of joint-stock companies


NCTM Insurance - Coronavirus and measures adopted in the insurance sector

NCTM Insurance - Coronavirus and measures adopted by the supervisory authorities

NCTM Insurance - Coronavirus and measures adopted in the insurance sector

NCTM Insurance - Coronavirus and measures adopted in the insurance sector

NCTM Insurance - Urgent measures by the Italian government in the wake of the COVID-19 outbreak – Impact on D&O insurance policies


NCTM Intellectual Property - COVID-19 Suspension of IP related deadlines as of 24 March 2020


NCTM Labour - “Cura Italia” Decree. Measures supporting the employment and employees for the protection of work and income


NCTM M&A - Golden Powers: limitations on foreign direct investments in companies operating in strategic sectors


NCTM Real Estate - “Decreto Cura Italia - Healing Italy Decree” measures adopted and consequences in the real estate sector


NCTM Restructuring & Turnaround - Law Decree No. 23/2020 – emergency provisions in insolvency


NCTM Tax - Donations related to the COVID-19 emergency

NCTM Tax - Epidemiological emergency from COVID-19 and tax measures to support businesses

NCTM Tax & Regulatory - COVID-19 epidemiological emergency and incentives to support businesses

Russia

11.06.2020 - New Measures to Support Lessees of Real Estate in Russia

On 8 June 2020 Federal law No. 166-FL was adopted, which introduced numerous changes to legislation connected with the consequences of the coronavirus infection. Among other things, the law provides for the following additional measures to support lessees of real estate. Read

 Wilke Natalia Bogatyrev


02.06.2020 - Guide to the Legal Regulations and Measures to Fight the Corona Pandemic in Russia

The corona pandemic is causing almost daily changes in specifications and regulations. In cooperation with the Committee on Eastern European Affairs, we regularly inform you in this guide about the orders of the Russian government and authorities. The document is available in German. Link

 Falk Tischendorf Andrey slepov


13.05.2020 - Companies in St. Petersburg Partially Resume Operations

Decree of the Government of St. Petersburg No. 276 dated May 9, 2020 has partially lifted the existing restrictions with regard to companies operations previously introduced in terms of the high alert regime in St. Petersburg with Decree of the Government of St. Petersburg No. 121 dated March 13, 2020. Read more

 Wilke Natalia Bogatyrev


11.05.2020 - Review of the Supreme Court Regarding Certain Issues of Judicial Practice in Connection with COVID-19

On April 30, the Presidium of the Supreme Court of the Russian Federation approved the second review of certain issues of judicial practice related to the application of legislation and measures aimed at preventing the spread of the new coronavirus infection (COVID-19) in Russia. Read

 Wilke Natalia Anna Afanasyeva


28.04.2020 - The "coronavirus economy":  News for participants in state and municipal procurement

Federal Law No. 124-FZ dated 24 April 2020 "On the Introduction of Amendments to Certain Legislative Acts of the Russian Federation on Ensuring the Sustainable Development of the Economy in the Context of the Deterioration in the Situation in Connection with the Spread of Novel Coronavirus" entered into force. Read more

Falk Tischendorf Kamil Karibov


24.04.2020 - New Tax Support Measures: Changes in Profits Tax for Russian Companies

On April 22, Federal Law No. 121-FZ was adopted, which provides for a number of reliefs with regard to the profits tax. Read

 Wilke Natalia Anna Afanasyeva


24.04.2020 - Legal positions of the Supreme Court of the Russian Federation on topical issues in connection with the spread of the coronavirus infection COVID-19

On 21 April 2020 the Supreme Court of the Russian Federation published a long-awaited review of legal positions on topical issues on court practice in connection with the spread of the coronavirus infection COVID-19 in Russia and the fight against the virus. You will find the main information below. At the same time, however, we strongly recommend that you study the text of the original review. Read more

Falk Tischendorf


21.04.2020 - Simplification of Migration Regulations for Foreign Citizens

On 18 April 2020 Decree of the President of the Russian Federation No. 274 “On Temporary Measures for Regulation of the Legal Status of Foreign Citizens and Stateless Persons in the Russian Federation in Connection with the Threat of Further Spread of New Coronavirus (COVID-19) Infection”, which temporarily cancels a number of provisions of the Russian migration legislation, was issued. Read more

Wilke Natalia A. Yavorskiy


09.04.2020 - COVID-19: Tax Reliefs in Russia

As part of measures to support the economy, the Russian Government issued Decree No. 409 dated April 2, 2020 introducing a tax deferral.Read more

 Wilke Natalia Anna Afanasyeva


07.04.2020 - Amendments to the Russian corporate law in the view of the COVID-19 pandemic

Shorty the President of the Russian Federation is expected to sign the draft Law No. 771509-7 establishing peculiarities of governing certain corporate relations in 2020 due to the novel coronavirus pandemic. Read more

Wilke Natalia Bogatyrev


07.04.2020 - Deferral and reduction of rental payments in the view of the COVID-19 pandemic

On April 01, 2020, a new law No. 98-FL establishing peculiarities of rental payments for real estate in terms of the novel coronavirus pandemic came into force. Read more

 Wilke Natalia Bogatyrev


07.04.2020 - Moratorium on new bankruptcy proceedings in Russia

On 1 April 2010, a Federal Law was adopted to mitigate the consequences of the spread of coronavirus. The law is comprehensive and proposes amendments, inter alia, in the real estate lease, state procurements and licensing sectors. One amendment concerns bankruptcy legislation. Read more

 Falk Tischendorf


06.04.2020 - COVID-19- Current Legal Issues concerning Business in Russia

This flyer deals with current legal issues concerning COVID19 in the Areas employment relations, fulfillment of Agreements, corporate management issues, liability and services of BEITEN BURKHARDT in Russia. Read more

Wilke Natalia


03.04.2020 - Coronavirus - Impending Changes for Participants in State Contracts

On 1 April 2020 a law on the introduction of amendments entered into force, aimed at countering the spread and mitigating the economic consequences of the novel coronavirus (COVID-19) pandemic (hereinafter also the  “Amendments”). The Amendments contained therein concern, inter alia, state and municipal procurements. The indicated amendments reflect to a significant extent the proposals of business communities which had previously been discussed on the adoption of urgent measures which stipulate that suppliers under state contracts may not be held liable in connection with the onset of force-majeure circumstances (force majeure). Read more

Falk Tischendorf


17.03.2020 - Coronavirus – Legal Recommendations for Business in Russia

The World Health Organisation has officially called the spread of SARS-CoV-2 a pandemic; at present it has affected most of the world’s countries. There are already serious economic consequences. Everything that appeared impossible only yesterday has already become a reality today: stringent quarantine measures have been introduced, certain types of activity have been suspended, supplies are delayed or cancelled, exhibitions and meetings have been cancelled, travel between countries is being banned, etc.

For the time being it is unclear when the situation will return to normal. This means that companies should on the one hand adopt measures to protect the health of their employees or partners, and on the other hand continue to operate. In this informational letter we present the legal aspects which may help your company to continue doing its core business. Read more

Falk Tischendorf

Presentations

06.05.2020 - Presentation CCMA Webinar BB ALTANA Nctm

Presentation of the Online-Seminar "What US companies with business in Germany, France and Italy should know about the legal environment with COVID-19". You can download the presentation here.

 

This offer serves non-binding information purposes and does not constitute legal advice of our law firm in the strict sense. The content of the contributions cannot and should not replace individual and binding legal advice with regard to its specific requirements. For that reason, this overview does not claim to be complete and correct. We assume no responsibility for decisions that users make on the basis of the information provided here. BEITEN BURKHARDT reserves the right to change or update the information offered on this website at any time without prior notice.