Entries by Ester Hahn

COMMENCEMENT OF THE LIMITATION PERIOD FOR CLAIMS BY THE EMPLOYER BASED ON A BREACH OF COMPETITION RULES PURSUANT TO § 60 PARA. 1 GERMAN COMMERCIAL CODE

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In its ruling of 24 February 2021 – file no. 10 AZR 8/19 – the 10th Senate of the Federal Labor Court decided that the limitation period under § 61 para. 2 German Commercial Code in the case of anti-competitive conduct by an employee already begins with an employer’s knowledge or grossly negligent lack of knowledge of an employee’s Internet presence. The decision poses new challenges for employers.

CHANGES IN THE LAW ON SALES AND NEW RULES FOR CONTRACTS FOR DIGITAL PRODUCTS

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In order to cope with the ongoing digitization and networking of the economy and society, the European Union wants to create the legal framework for a common digital single market. The Sale of Goods Directive and the Digital Content Directive are intended to contribute to this. Both directives were implemented in German law with effect from 1 January 2022. The result are, in particular, changes to the law on the sale of goods and newly created regulations for the purchase of digital products.

SCOPE OF THE NEGATIVE LEGITIMATION EFFECT OF THE LIST OF SHAREHOLDERS OF A GMBH

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In a more recent decision, the Federal Court of Justice (ruling of 26. January 2021, case no. II ZR 391/18) has once again dealt with the so-called negative legitimation effect of the list of shareholders pursuant to sec. 16 para. 1 sentence 1 GmbHG within a short period of time. According to this, only the person who is entered as a shareholder in the list of shareholders included in the commercial register is deemed to be a shareholder vis-à-vis the GmbH. An exception applies to cases involving the exclusion of the shareholder from the company.