Page Pathway
- Home
- Newsletters
- Corporate Germany
- Corporate Germany February/March 2010 - English...
Corporate Germany February/March 2010 - English version
- Brief Overview
- This newsletter outlines current developments in jurisdiction and legislation which are of special importance for the business practice.
- Applicable Law
- Germany
- Reviewed
- 09 March 2010
- Submitted
- 09 March 2010
ECJ - liability of group holding companies for breaches of competition rules by a subsidiary
The European Court of Justice ruled that a group holding company always has to accept liability for the conduct of a subsidiary breaching competition law where the two companies constitute a single economic unit.
German Federal Court of Justice confirms existing case law on continuation of a firm
In a ruling passed on 02 December 2009 the Federal Court of Justice once again affirmed the requirements on continuing businesses as going concerns under the terms of section 25(1) sentence 1 of the German Commercial Code.
Cologne Higher Regional Court - liability for defects during acquisitions
Even after modernisation of the law of obligations in 2002, legal uncertainties still arise in legal practice for acquisitions when applying the statutory law on warranties.
Frankfurt am Main Higher Regional Court - forecasts still required during a crisis
In its ruling of 24 November 2009, Frankfurt am Main Higher Regional Court confirmed that a company's management is also obliged to assess the future development of the business in its accounts during times of financial and economic crisis.
If the insolvency administrator refuses to release items not belonging to the debtor which he considers are necessary for continuing the business as a going concern, referring to a court order comprehensively prohibiting realisation and confiscation, then the order is ineffective because the assets concerned have not been individually specified.
Recognition of fiscal unity concept under German tax law - new fiscal foray
The tax authorities in North-Rhine Westphalia no longer see a word for word reproduction of section 302(1) of the Stock Corporation Act as sufficient for recognition of fiscal unities.
English as official court language in Germany - much ado about nothing?
Since 01 January 2010 a model project has been running in the district of Cologne Higher Regional Court in which oral proceedings can be held in English in certain circumstances. Special court divisions are being set up for this purpose at the regional courts in Cologne, Bonn and Aachen and a special panel at Cologne Higher Regional Court.
Event preview
With the support of Simmons & Simmons, zetVisions AG is holding an expert congress on the topic of "Beteiligungsmanagement - Heute und Morgen". The practice based presentations dealing with the management, controlling and governance of corporate entities are aimed at specialists and executives in the fields of finance, controlling, accounting, M&A, law and organisation from mid sized and large company groups. Dr Stephan Ulrich will be speaking on M&A and entity management. The whole agenda for the event is found here.
Date: 22 April 2010 from 9.30am - Hotel Intercontinental Frankfurt. Attendance is free of charge. To register please use the online form or contact Ms Sylvia Hortmanns.
- Download document: Corporate Germany February/March 2010 (PDF - 281 KB)
To view PDF documents you will need
Adobe Acrobat Reader (27.4 MB) [Opens a new window]
For further information please contact Dr Ulrich Brauer, Dr Stephan Ulrich, Dr Michael Bormann,
Dr Jan Wildberger
or your usual contact at Simmons & Simmons.
This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.