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Heuking Kühn Lüer Wojtek  

Legal Services | Germany

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

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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

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All germany COVID-19 articles | All Articles by Heuking Kühn Lüer Wojtek

Facilitations for Circular Resolutions in the Gmbh by the Covid Mitigation Act – Overview and Open Questions
Heuking Kühn Lüer Wojtek, May 2020

The Act to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Procedure Law (“COVID-19 Act”) provides for the option of online general meetings (“virtual general meetings”) for AGs [stock corporations], which numerous small and large stock corporations, including DAX-listed corporations, are already frequently using. While the COVID-19 Act does not grant the option of holding virtual shareholders’ meetings to GmbHs [limited liability companies], Article 2 Section 2 COVID-19 Act provides for facilitating resolutions by way of circulation in 2020...

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Review Periods for Merger Control to be Temporarily Extended
Heuking Kühn Lüer Wojtek, May 2020

On April 29, 2020, the Federal Cabinet discussed a draft bill aimed at a one-time extension of the Federal Cartel Office’s examination periods in the context of merger control. This exclusively affects the examination periods for merger control notifications received by the Federal Cartel Office between March 1 and May 31, 2020. Accordingly, the Federal Cartel Office should be giventwo monthsinstead of one month for the examination under Section 40(1) sentence 1 Act against Restraints of Competition as to whether full examination proceedings are to be initiated because an in-depth examination of the merger is necessary (referred to as “first phase”)...

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Drafting Contractual Force Majeure And Corona Clauses for the Post-Pandemic Period
Heuking Kühn Lüer Wojtek, May 2020

The COVID-19 pandemic distinctly reminds us that during their term, contracts may be exposed to influences beyond the parties’ control, which may unforeseeably complicate their performance or make it impossible. Examples include civil wars, natural disasters, terrorist attacks, or pirate attacks on cargo ships. The current official closures of business and production premises, event cancelations, quarantine and contact restrictions, as well as high sickness rates throughout the country due to the COVID-19 pandemic, however, also have a direct influence on many contracts...

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Voucher Instead of Refund: Federal Government Adopts Draft Bill for an Amendment in Event Contract Law
Heuking Kühn Lüer Wojtek, April 2020

On April 8, 2020, the federal government adopted draft wording presented by the Federal Minister of Justice and Consumer Protection for a draft bill to mitigate the consequences of the COVID-19 pandemic in event contract law in order to protect organizers of recreational events and operators of recreational facilities from considerable outflows of liquidity. BACKGROUND The spread of the novel coronavirus (COVID-19 pandemic) has also had far-reaching consequences in Germany that were unimaginable just a few weeks ago. Private life and large parts of the economy are impacted...

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Dispute Resolution before State Courts and Arbitral Tribunals in Times of the COVID-19 Pandemic
Heuking Kühn Lüer Wojtek, April 2020

The COVID-19 pandemic with contact restrictions and travel bans also poses challenges for civil proceedings. In the future, the functionality in pandemic times could be the material factor for the choice between state courts and arbitral courts because flexibility and options for responding to the COVID-19 pandemic are varying. State court proceedings Despite the COVID-19 restrictions, court deadlines must still be met. In the event of missed deadlines, claims may even become time-barred since the suspensive effect can only occur if the proceedings are actually being progressed and are not factually stalled...

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