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The Higher Regional Court of Munich clarified in its decision of 19.1.2022 (7 U 3250/20) that in the case of a GbR, in contrast to a registered commercial partnership (OHG), it is not possible to bring an action for exclusion under § 140 HGB. What is required is a unanimous shareholder resolution…

An institution unknown to Italian law is the liability from delay in insolvency applicable in Germany if the managing director does not immediately file for insolvency with the court when the company is threatened with over-indebtedness or insolvency. As the BGH ruled on 27 July 2021 (II ZR 164/20),…

The approximately 70,000 Limiteds, companies with limited liability under English law, which have their actual registered office in Germany, face a thorny future. When the United Kingdom leaves the EU on 1 January 2021, the incorporation theory dictated by the ECJ will no longer apply to English…

04/13/2022

The introduction of the transparency register has already been reported on in the client letter. The legislator has passed a number of amendments which came into force on 1 August 2021. According to these, all companies are now required to be registered. For German and European public limited…

The Client Letter has repeatedly reported on the differences between German and Italian law on corporate criminal liability. In Germany, this is a recurring theme that results in legislative initiatives that are not pursued further. In Italy, the criminal liability of the company under Decree…

Germany - The Cologne Court of Appeal (judgment 22.04.2021, 24 U 77/20) found that English succession law was incompatible with the German public order insofar as it did not provide for the rights of compulsory portion of estate, and upheld the claim of the son of a British citizen who had been…

1. On 1 September 2021 the CJEU by order (C-387/20) considered as inadmissible the reference for a preliminary ruling by a Polish notary's assistant on the interpretation of the European Succession Regulation, due to lack of standing as it considered that he did not have, in the present case, the…

According to the decision of the Italian Court of Cassation of 16 September 2021, an insolvency debtor may become a managing director of a limited liability company (società a responsabilità limitata), as opposed to public limited companies (società per azioni), to which the prohibition still…

In its judgment of 01.07.2021 (C-301/20), the European Court of Justice, in answering the questions of the Austrian Supreme Court on the interpretation of the Succession Regulation 650/2012, has laid a further stone in outlining the functionality of the ECS in favour of its usability for citizens in…

09/08/2021

By order of 10 February 2021, the Regional Court of Milan, applying Art. 2 terdecies of the Ital. Data Protection Act (Legislative Decree 196/2003), which regulates the rights of deceased persons, ruled that, contrary to the objection of Apple, which stayed away from the proceedings but had referred…

08/26/2021

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Newsletter 51

At the last minute, we are able to report that the major Italian civil procedure reform was passed by the Chamber of Deputies on 25 November 2021. In part, the German civil procedure was the inspiration (see below, News from Italy). In part, there are many innovative approaches that are intended to relieve the judiciary and could also be a model for Germany, such as mandatory out-of-court mediation in many areas of law. The primary goal is to significantly reduce the duration of litigation. In Italy, a civil case took 7.3 years (2656 days) in 2018; the ministry hopes for a reduction of about 40%; it would then still be 1593 days for a civil case.

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Newsletter 50

Difficult, difficult! When the First Client Letter appeared, the world seemed healthier and the judiciary more peaceful. Today, the world is heated and the judiciary is bursting at the seams: both in Germany (Federal Constitutional Court) and in the Netherlands (Hague District Court), the executive is being ordered to act. Not a very good sign when we lawyers (!) have to save the world. But whatever happens, we are ready...

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Newsletter 49

The ambitious goal of this issue was to not even mention Corona or Covid19 . We didn't quite make it, as some areas of law - such as insurance law or family law - are currently dominated by C19 . The pandemic will soon be overcome, what is questionable are the late effects. We fear a world in which everything takes place on the couch. The Amazon boom will possibly further lead to the desolation of cities.... But we are optimistic. At the end of the pandemic, all the people will come out onto the streets, populate the cities, and shop for real again instead of online. That's the way it should be!

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Newsletter 48

Frederick the Great would have liked legal Tech (see Information for Colleagues, p.6). He was suspicious of any judicial discretionary decision. In his code of laws with over 29,000 paragraphs, everything was to be conclusively regulated and derived directly from the law. With such a database, every case would have to be solved automatically. Covid 19, for example, shows that something completely new can arise that could not be regulated beforehand. It is not the pandemic itself that is new, but the positive reaction of the state. In the past, as recently as the last 1950s with Asian flu, people just died, most of them at home. So let's be glad to live in our age and creatively tackle the legal problems that arise with genuine common sense (human tech)!

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Newsletter 47

This year there was 70 years of the Basic Law to celebrate. Article 1 reads, "Human dignity is inviolable." This provision is very topical in the age of the Internet, both in Italy and in Germany. A regional court in Berlin has ruled that it is a sign of freedom of expression for a deserving politician to be subjected to the very worst insults imaginable for a woman. At the same time, the former Italian interior minister is anything but restrained in his choice of words when he seeks adjectives for the current members of the government. In the movies of the fifties of the last century, children's ears were covered during such cannonades. A certain nostalgia is spreading among the editorial team members of the client letter, who are no longer dewy-eyed.

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