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Dismissal by E-Mail from Abroad? Federal Labour Court on Choice of Law, Notice Periods and Form (Rome I Regulation)
Federal Labour Court (judgment of 22 August 2024): § 622(2) BGB applies mandatorily despite a choice of US law if the place of work is in Germany – the form, however, is governed by Art. 11 Rome I Regulation.
Feb 12


Copyright Protection for Applied Art and Joint Authorship: Higher Regional Court of Munich (29 U 3581/23)
Higher Regional Court of Munich (judgment of 18 December 2025): Utilitarian objects, too, can be protected by copyright – and when several participants are joint authors.
Feb 8


Liability of GbR Partners for the Costs of Insolvency Proceedings
Unlike in the case of a GmbH, solvent partners of a GbR can be held personally liable for court costs and the insolvency administrator's remuneration.
Feb 6


Retirement-Age Provisions Are Not a Case of § 4(2) TzBfG (Federal Labour Court, 6 AZR 18/25)
Federal Labour Court (judgment of 31 July 2025): Employment relationships that end upon reaching the standard retirement age do not fall under the anti-discrimination protection for fixed-term employees.
Feb 5


The Publicity of the Commercial Register: Legal Certainty in Business Dealings
Positive and negative publicity of the commercial register – and when abuse of the power of representation exceptionally negates the registered authority to represent.
Feb 3


Compliance: Recommendations Also for Medium-Sized Family Businesses
Ten theses on the organisational design of compliance management – and the question of how advisory boards in family businesses are to be involved.
Feb 3


The Registered Office of the Partnership Under the MoPeG
Since the MoPeG, partners have been able to determine a contractual registered office that differs from the administrative seat – subject to three conditions.
Jan 30


Start of the Limitation Period Upon Return of the Rented Property (Federal Court of Justice, XII ZR 96/23)
Federal Court of Justice (judgment of 29 January 2025): The six-month limitation period under § 548 BGB begins with the actual recovery of physical control – not with the end of the lease.
Jan 29


Meaning and Function of Limitation in Civil Law
Standard limitation period, start of the limitation period and the defence of limitation – why companies must consistently monitor outstanding receivables.
Jan 28


The List of Shareholders of the GmbH: Significance and Legitimising Effect (§ 16 GmbHG)
Only those entered in the list of shareholders are deemed shareholders vis-à-vis the GmbH – an incorrect list can effectively hollow out the shareholder position.
Jan 26


No Waiver of Minimum Leave – Not Even in a Court Settlement (Federal Labour Court, 9 AZR 104/24)
Federal Labour Court (judgment of 3 June 2025): Statutory minimum leave cannot be waived during an existing employment relationship – settlements must cleanly distinguish between minimum leave and additional leave.
Jan 23


Capital Increase in the GmbH: Leeway and Duties of Care
Ordinary and nominal capital increase, protection against dilution and special rights – what shareholders and managing directors need to pay attention to.
Jan 22
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