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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


No Deletion of Address Data in the List of Shareholders
Information filed beyond what is required, such as private addresses, remains permanently public – subsequent deletion or redaction is not possible.
Jan 20


Minimum Wage: No Fulfilment Through a Company Car (Federal Social Court, B 12 BA 8/24 R)
Federal Social Court (judgment of 13 November 2025): Providing a company car does not fulfil the minimum wage entitlement – contributions are additionally payable on the minimum wage.
Jan 18


Model Protocol for the GmbH: Simplification With Formal Pitfalls (Court of Appeal Berlin, 22 W 27/24)
Court of Appeal Berlin (order of 17 May 2024): In the case of amendments to the articles of association, the complete model protocol must always be filed – extracts lead to rejection.
Jan 16


Permanent Position Promised – Dismissal in Bad Faith: Higher Labour Court of Düsseldorf on the Probationary Period (3 SLa 317/24)
Higher Labour Court of Düsseldorf (judgment of 14 January 2025): Anyone who bindingly promises a permanent position shortly before the end of the probationary period may not dismiss without new circumstances.
Jan 15


Legal Form Suffix "eGbR": Not Necessarily at the End of the Company Name (Higher Regional Court of Cologne, 4 Wx 4/24)
Higher Regional Court of Cologne (order of 24 April 2024): The suffix "eGbR" may also appear within the name – for reasons of legal certainty, placing it at the end is nevertheless recommended.
Jan 15
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