Kategori: Hukuk Bülteni

COVID-19: UG, GmbH, GmbH & Co. KG, AG ve Tescilli Dernekler İçin İflas Başvurusu Yükümlülüğü Askıya Alındı

When Does It Apply and When Does It Not? The so-called Covid-19 Insolvency Suspension Act (COVInsAG) entered into force retroactively as of 1 March 2020 and, subject to certain conditions, suspends the obligation of managing directors or board members to file for insolvency. It also limits, as an accompanying measure, the liability of corporate bodies […]

Büyük Mağazalara Yönelik Faaliyet Yasağının Anayasaya Aykırı Olduğuna Karar Verildi

The Bavarian Administrative Court found the ban on commercial activity by stores larger than 800 square metres to be unconstitutional. According to the court, the rule prohibiting the opening of shops larger than 800 square metres as part of the measures against the coronavirus violates the principle of equality enshrined in the Basic Law, because […]

Macaristan’da Çevrimiçi Mahkeme Duruşmaları

The government decree issued on 31 March contains provisions that entered into force during the state of emergency in relation to certain procedural matters. The key points concerning court proceedings are summarised below: The regulation provides that the state of emergency does not affect time limits unless otherwise specified. This means that the statutory time […]

Koronavirüs Sonrası Değişmesi Gereken 5 Şey

The ongoing Covid-19 virus is already changing our everyday lives. Despite all the negative aspects of this pandemic, it could also bring about some long-awaited positive changes in public administration and the justice system. 1. Court Hearings by Video Conference As lawyers, we have already been in digital contact with the courts for some time. […]

Macaristan’da Gözaltı Koşullarının Durumu Nasıldır?

According to an order of the Higher Regional Court of Nuremberg dated 23 December 2019, future transfers of prisoners to Hungary may be made subject to specific requirements concerning detention conditions. In extradition proceedings concerning a Hungarian prisoner in Germany whose surrender to Hungary was sought, it was argued that, due to overcrowding in the […]

Macaristan’da Olağanüstü Yargı Tatili

Pursuant to Government Decree No. 45/2020 (14 March 2020) on measures to be taken during the state of danger declared for the prevention of a mass disease outbreak endangering life and property, the mitigation of its consequences, and the protection of the health and lives of Hungarian citizens, the Hungarian Government ordered an extraordinary judicial […]

Tasfiye Memuruyla İşbirliği Yapmayı Reddetmek, Macar Genel Müdürün Sınırsız Sorumluluğuna Yol Açabilir

In Hungary, holding executive officers of legal entities liable is a frequent issue in legal practice. In the past, the courts were not always consistent in this respect. Recently, however, our firm obtained a decision of fundamental importance, which established that a court may find an executive officer to have unlimited liability not by relying […]

Tasfiye Memuruyla İşbirliği Yapmayı Reddetmek, Macar Genel Müdürün Sınırsız Sorumluluğuna Yol Açabilir

In Hungary, holding executive officers of legal entities liable is a recurring issue in legal practice. In the past, the courts were not always consistent in this respect. Recently, however, our firm obtained a decision of fundamental importance, which established that a court may find an executive officer to have unlimited liability not by relying […]

VW Skandalı: Yazılım Güncellemeleri Bile Hayal Kırıklığı Yaratıyor

No pointless software updates, but rather an obligation on car manufacturers to retrofit vehicles to Euro 6 standard, at their own expense. This is the demand made by Hartmut Bäumer, a former Green Party politician, to Michael Müller, the Governing Mayor of Berlin. Bäumer, who is himself affected, had subjected his diesel vehicle to a […]

ABAD: Başka Bir AB Üye Devletinde Ruhsatlı Avukatlar Zorunlu Emeklilik Primlerini Vergiden Düşebilir

Lawyers admitted to practise in Germany who are not resident in Germany may deduct part of their contributions. This was decided by the CJEU in its judgment of 6 December 2018 – C-480/17. The CJEU ruled following a request for a preliminary ruling from the Finance Court of Cologne, before which a lawyer admitted in […]