LAG Düsseldorf: Short-time workers on zero hours do not accumulate vacation leave
Short-time working – Kurzarbeit in German – refers to a government scheme that allows businesses experiencing economic difficulties to temporarily reduce their employees’ working hours, with the state making up for all or part of the lost wages. Many firms have had recourse to this program for reasons related to COVID-19. The Landesarbeitsgericht (LAG) Düsseldorf …
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Greensill Bank: Customers unable to access their money – BaFin orders moratorium
The Bundesanstalt für Finanzdienstleistungsaufischt (BaFin) – Germany’s Federal Financial Supervisory Authority – has closed down Greensill Bank’s business operations with its customers and filed criminal charges. Private investors as well as institutional investors and municipalities fear losing their money at the bank.
BaFin determines that compensation is payable to depositors of insolvent Greensill Bank
As was to be expected, the Bundesanstalt für Finanzdienstleistungsaufischt (BaFin) – Germany’s Federal Financial Supervisory Authority – has determined that compensation is payable to Greensill Bank’s depositors, as the bank is no longer able to repay all of its customers’ deposits. Insolvency proceedings have also been initiated against the bank with the Amtsgericht Bremen, the …
LG Berlin overturns fine for GDPR violation
In a remarkable ruling from February 18, 2021, the Landgericht (LG) Berlin – the Regional Court of Berlin – declared a million-euro fine imposed in response to a breach of the General Data Protection Regulation (GDPR) invalid.
COVID-19: Provider of business closure insurance to pay out around 760,000 euros for closed bars
In a ruling from February 19, 2021, the Landgericht (LG) Düsseldorf – the Regional Court of Düsseldorf – held that the provider of business closure insurance has to pay out for bars closing in connection with the coronavirus (Az.: 40 O 53/20).
BGH: No guidance on right of withdrawal means realtor not entitled to commission
According to a ruling of the Bundesgerichtshof (BGH) – Germany’s Federal Supreme Court – property buyers can potentially reclaim the commission they paid to the real estate agent if the latter fails to inform them about their right of withdrawal and provides no guidance on the issue.
Exchange of financial information with Turkey delayed – Submit a voluntary declaration now
As part of efforts to combat cross-border tax evasion, it appears that Turkey has yet to provide Germany with any financial information. This means that the individuals concerned still have the opportunity to submit a voluntary declaration.
OLG Dresden – Commercial rent reduction a legitimate response to COVID-19
A retailer is allowed to lower the net rent (exclusive of heating, lighting and other service costs) by 50 percent on account of its store having to close due to COVID-19. That was the verdict of the Oberlandesgericht (OLG) Dresden – the Higher Regional Court of Dresden – in a ruling from February 24, 2021 …
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Bundeskartellamt imposes million-euro fines in response to illegal arrangements
The Bundeskartellamt – Germany’s Federal Cartel Office – has imposed fines totaling approx. 175 million euros on five aluminum forging companies and ten employees responsible for engaging in anticompetitive arrangements.
Distributing FFP2 masks free of charge in breach of competition law
Groups deemed to be at risk can redeem vouchers for FFP2 masks. Pharmacies that waive the two-euro personal contribution are violating competition law according to a ruling of the Landgericht (LG) Düsseldorf – the Regional Court of Düsseldorf.