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Legal Notice (Impressum): The E-Mail Address Provided Must Actually Work (Court of Appeal Berlin, 5 UKl 1/26)
Court of Appeal Berlin (judgment of 11 August 2026 – 5 UKl 1/26): An e-mail address in the legal notice that does not accept messages and refers senders to other contact channels violates § 5(1) no. 2 DDG.
Sep 3
Why Excessively Long Notice Periods in Employment Contracts Backfire
Federal Labour Court (judgment of 26 October 2017 – 6 AZR 158/16): A three-year notice period unreasonably disadvantages employees – the statutory basic notice period then applies again.
Sep 3
Dismissal Risk from bEM Errors: Higher Labour Court of Baden-Württemberg Requires an Express Reference to the Company Doctor's Duty of Confidentiality
Higher Labour Court of Baden-Württemberg (judgment of 14 January 2026 – 4 Sa 39/25): If the bEM invitation lacks a reference to the company doctor's duty of confidentiality, a dismissal on grounds of illness fails.
Aug 30
No Valid GDPR Consent: Double Opt-In Without Documentation (Administrative Court of Düsseldorf)
Administrative Court of Düsseldorf (judgment of 27 July 2026 – 29 K 9714/24): E-mail address, sign-up IP and DOI IP are not sufficient proof of consent under Art. 7(1) GDPR.
Aug 27
Photovoltaics: Planning, Installation and Maintenance Require Registration in the Register of Skilled Crafts (Higher Regional Court of Koblenz)
Higher Regional Court of Koblenz (judgment of 2 June 2026 – 9 U 1015/25): Anyone who plans, installs or maintains PV systems without registration in the register of skilled crafts acts anti-competitively – a warning-letter risk for the PV market.
Aug 25
Job Advertisement Without "m/f/d": Higher Labour Court of Hesse on Compensation Under the AGG and the Objection of "AGG Hopping"
Higher Labour Court of Hesse (judgment of 26 January 2026 – 7 SLa 435/25): Exclusively female job titles in a job advertisement establish the presumption of discrimination – the objection of abuse of rights regularly fails.
Aug 20
Variable Remuneration: Whoever Fails to Communicate Company Targets in Time Owes the Full Bonus (Federal Labour Court, 10 AZR 28/25)
Federal Labour Court (judgment of 22 April 2026 – 10 AZR 28/25): The burden of initiative for target setting lies with the employer; if communication is omitted, 100 % target achievement is regularly assumed.
Aug 6
The "Employee's Choice" Reference in a Settlement Is Enforceable (Federal Labour Court, Order of 7 May 2026 – 8 AZB 25/25)
Federal Labour Court: A right of the employee to draft his or her own employment reference agreed in a court settlement is enforceable – limited only by the duty of truthfulness in references.
Jul 30
The Registered Civil-Law Partnership (eGbR): Why Registration in the Partnership Register Pays Off
Since 1 January 2024, a civil-law partnership (GbR) can be registered in the partnership register. For partnerships holding real estate this is a prerequisite for land register entries – and advantageous in other respects too.
Jul 12
Parental Leave in Instalments: Protection Against Dismissal Revives Before Each Period (Federal Labour Court, 2 AZR 213/25)
Federal Labour Court: Where several periods of parental leave are applied for, special protection against dismissal begins eight weeks before each period – even if all periods were applied for in a single letter.
Jul 11
Remuneration in Shares: The Prohibition of Payment in Kind under § 107(2) GewO Sets Limits for Start-ups (Higher Labour Court of Düsseldorf)
Higher Labour Court of Düsseldorf (judgment of 30 October 2008 – 5 Sa 977/08): Salary may not be replaced predominantly by non-voting preference shares – equity models only in addition to cash pay.
Jul 9
Limits of Pay Transparency: Federal Labour Court Stops Company-Wide Pay Comparisons (8 AZR 83/25)
Federal Labour Court: The right to information under the Pay Transparency Act is limited to the individual establishment and to the last completed calendar year.
Jul 6
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