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Commercial Tenancy Law: Extraordinary Termination Only in the Event of a Specific Disturbance (Higher Regional Court of Hamburg, 4 U 1/25)
Higher Regional Court of Hamburg (judgment of 1 August 2025): Mere fears of economic uncertainty do not justify termination of the commercial lease without notice.
Feb 26


The Partnership Register: Need for Action for Civil-Law Partnerships
Since the MoPeG, registration in the partnership register has been a prerequisite for land register entries in favour of a GbR – many partnerships have not yet reacted.
Feb 24


Equal Pay in Court: One Better-Paid Colleague Is Enough (Federal Labour Court, 8 AZR 300/24)
Federal Labour Court (judgment of 23 October 2025): Comparison with a single better-paid colleague establishes the presumption of gender-based pay discrimination.
Feb 23


Copyright Protection of AI-Generated Output: The Headnotes of the Local Court of Munich (142 C 9786/25)
Local Court of Munich (final judgment of 13 February 2026): AI-generated output is only protectable if human creative influence recognisably shapes it – documentation is decisive.
Feb 19


Exclusion of the Controlling Company's Voting Rights in Cases of Conflicts of Interest in the De Facto Group
Where a breach of duty instigated by the controlling company is at issue, the controlling company is excluded from voting by analogy with § 136(1) sentence 1 AktG.
Feb 17


Voting Prohibitions in the Shareholders' Meeting (§ 47(4) GmbHG)
No shareholder shall be a judge in his own cause: when voting prohibitions apply, how they can be shaped in the articles of association and what remains despite a voting prohibition.
Feb 13


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
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