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WSG Task Force Team

Heuking Kühn Lüer Wojtek  

Legal Services | Germany

www.heuking.de
tel: +49 211 600 55 105 | fax: +49 211 600 55 100
Georg-Glock-Strasse 4 | Duesseldorf | D - 40474 | Germany

Meet The Team


Isabel Langenbach

Isabel LangenbachSalaried Partner

  • Public Law
  • Public Private Partnerships

Christopher Goertz

Christopher GoertzSalaried Partner

  • Banking Supervision Law
  • Capital Market Law

Patrick Mueller, LL.M. (Bristol)

Patrick Mueller, LL.M. (Bristol)Salaried Partner

  • Commercial Law
  • Corporate Law


Latest Alerts


Measures under German Tax Law to Create or Preserve Liquidity
Heuking Kühn Lüer Wojtek, March 2020

Companies and taxpayers alike are experiencing massive liquidity shortages due to the far-reaching restrictions on the economy and on public life caused by the COVID-19 pandemic, or at least will be exposed to such a risk in the medium term. This forces them to examine, also in relation to taxes, how existing liquidity may be preserved or additional liquidity created. In addition, the question is how to deal with ongoing tax audits and what other procedural relief is available...

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Special Provisions for The Current Crisis: Emergency Legislation for General Meetings 2020
Heuking Kühn Lüer Wojtek, March 2020

Various European countries already passed emergency legislation which, among other things, enables companies to hold general meetings without physical presence rights and obligations in the 2020 general meeting season. The German legislator is now also drafting appropriate special provisions for the current crisis. The draft “Act to mitigate the consequences of the COVID-19 pandemic in civil law, insolvency law, and criminal procedure law” of March 23, 2020 provides for substantial facilitations for holding general meetings in 2020, which are of considerable importance in practice at present. The law is likely to be passed as early as March 25, 2020...

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COVID-19 And Its Impact on Criminal Procedure and Criminal Law
Heuking Kühn Lüer Wojtek, March 2020

Criminal justice and public prosecution offices are also impacted by the protective measures taken nationwide to prevent the spread of the COVID-19 pandemic. The fact that Germany is “powering down the systems” to deal with the pandemic has implications not only for criminal proceedings that are already underway but also for future ones...

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Impact of The Coronavirus (COVID-19) Pandemic on Proceedings Before the Trade Mark And Design Offices
Heuking Kühn Lüer Wojtek, March 2020

The currently unstoppable strong spread of COVID-19 and the resulting restrictions on public life, such as quarantine measures and curfews, which are imposed in EU Member States and worldwide and which are sometimes very drastic, are also increasingly impairing the ability to work and communicate. In the meantime, various IP Offices have also reacted to this. 1. GERMAN PATENT AND TRADE MARK OFFICE (DPMA/GPTO): For example, the GPTO has published a notice on its website stating that deadlines in all ongoing IP rights proceedings set or granted by the GPTO will automatically, i.e...

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Corona and Transport Law
Heuking Kühn Lüer Wojtek, March 2020

In connection with the coronavirus, prices for transport services have increased, in some cases very considerably, such as when a reduction in freight space necessitates rebooking and rescheduling. Not everyone, and not even all commercial customers, may be aware of these price increases. It is also questionable whether corona-related additional costs may always be deemed usual remuneration (Section 632 German Civil Code). It is therefore particularly important for both parties to the contract of carriage to reach an express agreement on the cost of freight. It is advisable to agree price adjustment clauses allowing for unforeseen developments to be taken into account...

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Data Protection in The Era of the Coronavirus
Heuking Kühn Lüer Wojtek, March 2020

According to press reports, most Germans are willing to accept limitations on the extent of the protection of their personal data vis-à-vis public authorities and agencies in order to tackle the coronavirus crisis. However, that alone is not an adequate justification for measures that employers may take during a coronavirus pandemic to prevent an outbreak in their company...

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Coronavirus (COVID-19): Contingency Plans at Credit and Financial Services Institutions Under Scrutiny
Heuking Kühn Lüer Wojtek, March 2020

While the coronavirus continues to spread, the German Federal Financial Supervisory Authority (“BaFin”) also published a document on the Minimum Requirements for Risk Management (“MaRisk”) for credit and financial services institutions on March 12, 2020, in which it addresses the issue of activities outside business premises and risk management in the trading sector from a regulatory perspective. Like all other companies, credit and financial services institutions need to take precautions to ensure that business can continue in times of crisis, such as in cases of lack of access to business premises...

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The Impacts of The Coronavirus on Professional Sports (In Particular, Soccer)
Heuking Kühn Lüer Wojtek, March 2020

STATUS QUO (ON MARCH 18, 2020) The Europe-wide spread of the coronavirus (COVID-19) is now also directly affecting the professional sports sector. As a consequence, there are not only games that are being played without fans and soccer leagues suspended from the Bundesliga all the way down to the 3rddivision, but even entire remaining seasons (including of the German Ice Hockey League and the German Volleyball League) have been canceled. The restrictions that are yet to be imposed on teams and associations cannot be fully assessed at present. It is possible that clubs, such as most recently Hannover 96 or London’s Chelsea F.C...

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Coronavirus: FAQ Employment Law Part 2
Heuking Kühn Lüer Wojtek, March 2020

A. SHORT-TIME WORK 1. WHAT IS THE LEGAL POSITION? According to the "Act on the temporary crisis-related improvement of the regulations for short-time work compensation" ("Gesetz zur vorüberristeten krisenbedingten Verbesserung der Regelungen für das Kurzarbeitgeld") (see preliminary version of BT publication 19/17893), a company can order short-time work due to the worldwide cases of illness caused by the coronavirus and thus reduce working hours. In the event of loss of remuneration, affected employees can receive reduced working hours compensation (KUG). This benefit must be applied for by the employer...

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Is the State Liable for Loss of Revenue Resulting from Measures Taken Against COVID-19?
Heuking Kühn Lüer Wojtek, March 2020

The coronavirus is not only harmful to health but also to our finances, leading to considerable financial losses for many companies and employees. In individual cases, insurance companies may be liable for the loss of sales associated with the virus. We will inform you about this option separately. Irrespectively thereof, the question is how to deal with the financial losses caused by the official prohibition of professions and events? Is the State liable to pay for damages caused by its measures? I. THE GENERAL STATE LIABILITY LAW IN GERMANY State liability law fundamentally differentiates between unlawful and lawful conduct...

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Is the State Liable for Loss of Revenue Resulting from Measures Taken Against COVID-19?
Heuking Kühn Lüer Wojtek, March 2020

The coronavirus is not only harmful to health but also to our finances, leading to considerable financial losses for many companies and employees. In individual cases, insurance companies may be liable for the loss of sales associated with the virus. We will inform you about this option separately. Irrespectively thereof, the question is how to deal with the financial losses caused by the official prohibition of professions and events? Is the State liable to pay for damages caused by its measures? I. THE GENERAL STATE LIABILITY LAW IN GERMANY State liability law fundamentally differentiates between unlawful and lawful conduct...

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Liquidity Support Through “Unlimited” Loan Guarantees
Heuking Kühn Lüer Wojtek, March 2020

Corona-related sales declines in many industries lead to short-term liquidity bottlenecks for numerous companies. As the third pillar of the protective shield for employees and companies, the German Federal Government has therefore decided on new and unlimited measures to expand liquidity assistance to facilitate companies’ access to cheap loans. It is thereby intended to stimulate the willingness of borrowers’ principal banks to grant loans by increasing risk assumption to up to 80 percent, in special cases even up to 90 percent, by KfW (Kreditanstalt für Wiederaufbau) and the state development banks as well as the guarantee banks (Bürgschaftsbanken)...

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Corona on the Construction Site
Heuking Kühn Lüer Wojtek, March 2020

The coronavirus has arrived in Germany. This is the central statement of the press conference held by Chancellor Angela Merkel on March 12, 2020. Ongoing construction projects are therefore also affected by the corona crisis, with considerable construction delays to be expected. Contractual provisions are usually lacking Contracts are reflecting the parties’ experiences and expectations. They provide for conceivable or expected circumstances, aiming to create legal certainty. No one could have expected a corona pandemic, however, that would lead to quarantine measures for individuals and cause entire plants to shut down...

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ESMA Has Lowered the Initial Reporting Threshold For Net-Short Positions To 0.1 Per Cent
Heuking Kühn Lüer Wojtek, March 2020

ESMA DECISION The European Securities and Markets Authority („ESMA“) announced today the decision to lower the initial reporting threshold for net short positions under the EU Short Selling Regulation to 0.1 percent (the „ESMA Decision“). The ESMA Decision has entered into force immediately after its publication on ESMA’s website. INITIAL REPORTING THRESHOLD NOW 0.1 PERCENT (PRIOR: 0...

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Ad Hoc Disclosure Obligations in Connection With the Corona Crisis
Heuking Kühn Lüer Wojtek, March 2020

The consequences of the coronavirus are omnipresent and felt by everyone. Management Board members and Directors of issuers of securities listed on the open or regulated market are faced with the question whether ad hoc publicity obligations are arising for their companies in connection with the corona crisis. The abstract circumstance of the occurrence of a recession as a result of the spread of the coronavirus does not trigger an ad hoc disclosure obligation. This would be publicly known due to extensive media coverage and therefore not an inside information...

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Effects on Existing Corporate Loan Agreements Under German Law
Heuking Kühn Lüer Wojtek, March 2020

Already, the COVID-19 pandemic has had far-reaching effects on the global economy and particularly on the German economy as well: interrupted international supply chains, travel restrictions, or the cancelation of major events and trade shows – all of this poses considerable challenges for the manufacturing, trade, transportation, tourism, and event organizer sectors in Germany. In the following, we will review important loan agreement clauses that companies and banks need to consider against this backdrop...

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Legal Implications of the Coronavirus at a Glance
Heuking Kühn Lüer Wojtek, March 2020

  The COVID-19 virus (commonly known as the “coronavirus”) is affecting companies’ commercial activities around the world, with particular impact on supply chains and employment and insurance law. There is also a question around the measures the competent authorities may impose to prevent or contain the spread of the coronavirus. A. EFFECTS ON THE SUPPLY CHAIN AND RECOMMENDATIONS FOR ACTION Under German law, “force majeure” requires three criteria to be satisfied: unforeseeablity, inevitability, and exceptionality...

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Coronavirus and Insurance Cover
Heuking Kühn Lüer Wojtek, March 2020

  The coronavirus is currently causing a lot of uproar. Many companies are reviewing their risks in case of infection or are trying to mitigate damage caused by canceled events and trade shows. In this context, the following insurance law issues are of relevance: INSURANCE COVER IN CASE OF COMPANY CLOSURES If there is a suspected case among a company’s workforce, the temporary closure of the company’s affected part may quickly follow – either out of the employer’s duty of care or on official instructions. Regrettably, there is no insurance cover for such business interruptions under the usual insurance regimes...

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Award Bans Due to Corona?
Heuking Kühn Lüer Wojtek, March 2020

Ranging from toilet paper for public institutions to medical consumables for (public) hospitals to the absence of staff in public transport, corona already exhibits a massive impact on companies’ business activities. Supply chains are interrupted, employees are being quarantined. Even public contracts can either not be fulfilled at all, or not on time, or not in their entirety...

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Coronavirus: FAQ Employment Law
Heuking Kühn Lüer Wojtek, March 2020

Answers to important questions 1. WHAT INFORMATION OBLIGATIONS DOES THE EMPLOYER HAVE TO INFORM ITS WORKFORCE? As with other highly infectious diseases, employers have a duty to inform their staff about the coronavirus as part of their general duty of care and consideration (Sec. 241, 618 German Civil Code [BGB]). The extent of this duty to inform depends, among other things, on whether a member of staff is suspected of having caught the virus, whether or not this has been confirmed. a...

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All articles submitted by Heuking Kühn Lüer Wojtek

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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