La nueva ley alemana de defensa de la competencia
The eighth amendment to the German Act against Restraints of Competition (GWB) has been in force since June 2013. One of the most significant changes is that a dominant market position of an undertaking is no longer presumed at a market share threshold of one third, but only from a market share of 40% (Section […]
Reforma de la ley que regula la figura del asesor jurídico interno
At the end of April 2015, the Federal Ministry of Justice and Consumer Protection officially presented its ministerial draft bill on the reform of the law governing in-house counsel. The draft is primarily intended to resolve the problems that arose following the judgments of the Federal Social Court of 3 April 2014, in particular the […]
La “nueva” Ley alemana de diseño
With effect from 1 January 2014, the former German Design Patent Act was abolished and renamed as the new German Design Act. A key change is the introduction of a new invalidity procedure, modelled on the cancellation procedure under the German Trade Mark Act (Section 53 MarkenG). The former Design Patent Act did not provide […]
Validez formal de todos los acuerdos adoptados por la junta general de una sociedad anónima no cotizada
On 16 April 2014, the Higher Regional Court of Jena (case no. 2 U 608/13) held that all resolutions adopted at a general meeting are invalid if even a single resolution fails to comply with the formal requirements of section 130(1) sentence 1 AktG. The defendant is not listed on the stock exchange. In addition […]
El mantenimiento de los precios de reventa en China en la redacción de contratos
In 2013, the State Development and Reform Commission of the People’s Republic of China and the local pricing authorities of the affected provinces of Sichuan and Guizhou imposed unusually high fines on two of the best-known state-owned enterprises, amounting to approximately EUR 54 million in total. According to the authorities’ findings, both companies set minimum […]
Una aplicación más sencilla de la normativa en Europa a partir de 2015
As of 10 January 2015, the new “Regulation (EU) No. 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters” enters into force (Brussels Ia Regulation, also known as the Brussels I Regulation). The new Brussels Ia Regulation will not only make enforcement within Europe easier […]
La región metropolitana de Núremberg podría convertirse en uno de los emplazamientos empresariales más atractivos tras el Brexit
Although Brexit itself is still two years away, many companies have already begun looking for a new “home”. In their search for a future corporate headquarters, they are therefore considering EU Member States where doing business within the EU will continue to remain trouble-free. Finding a new centre of operations, however, is not an easy […]
Cooperación con la India en un plan de estímulo económico de mil millones de euros: las empresas de alta tecnología, en el punto de mira
Earlier today, our law firm entered into a cooperation agreement with one of India’s leading companies in order to support European companies entering the Indian market. The background to the matter is that German Federal Chancellor Angela Merkel and Indian Prime Minister Narendra Modi announced an economic stimulus programme one day earlier, with annual funding […]
La justicia electrónica en Hungría: ya disponible con nosotros desde hoy mismo
Even before the majority of our colleagues in Hungary, our law firm decided to conduct legal communication exclusively by electronic means. With the help of state-of-the-art technology — qualified electronic signatures and electronic court and administrative mailboxes — our submissions reach all Hungarian courts within seconds. Orders, judgments and procedural directions are likewise transmitted electronically […]
Derecho a negarse a cumplir en el caso de los bonos del Estado
Neither a payment moratorium declared by a state nor debt restructuring agreements concluded with other bondholders give rise to a right to refuse performance under international law. The defendant state, Argentina, issued an 8% Deutsche Mark bond 1997/2009 in 1997 with a total nominal amount of DM 1 billion. The bond terms provided for the […]
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