NEWSLETTER 03/2013 GROOTERHORST & PARTNER RECHTSANWÄLTE
An EU directive and regulation on alternative and out-of-court dispute resolution gives rise to an overview of legal and contractual regulations on dispute resolution in civil engineering. With effect from July 22, 2013, capital investments of all sorts have their own code of law, the so-called Investment Code (“Kapitalanlagegesetzbuch, KAGB”): the variety of possibilities perceived by the legislator as uncontrolled growth, especially with respect to closed-end funds, has shrunk.
Court rulings have tried to clarify legal issues concerning stock corporation law, the law on takeovers, and concerning employment contracts for managaging directors. Some interesting labour law cases as well as insurance contract rulings have to be discussed. As usual, public building law and commercial landlord and tenant law form a focal point of our attention.
Grooterhorst & Partner Rechtsanwälte
- – Current News: Alternative (out-of-court) dispute settlement; new Investment Code (KAGB)
- – Commercial and Company Law: Stock corporation law – Retroactive effect of contesting supervisory board elections
- – Real Estate Law/Private Building Law: German Standard Building Contract Terms (VOB), The contractor’s power of final decision concerning the method of eliminating defects
- – Commercial Landlord and Tenant Law: Effectiveness of a double written form clause in a standard-form contract
- – Public Law: Planning law – Retail trade planning – Capacity of the municipality
- – Insurance Law: Direct claim for coverage of an aggrieved party in case of interest in a declaratory judgement
- – Labour Law: Employment contract law – Discretionary reduction of the performance bonus in case of state bank bailout
- – Conducting legal proceedings: Fee basis (Streitwert) for an action for eviction and recovery against subtenants
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