Autumn is harvesting time in Germany, and thus time to look back at what has been achieved during the previous seasons. The German wine makers, to which we dedicate our „Germany - good to know“ article in this issue, are looking back on a difficult, yet promising vintage.

In German politics, the parties draw their conclusions from the federal election campaign and try to interpret the results of the elections, while Angela Merkel is now looking back on her 16 years of chancellorship. 

Meanwhile, we at FGvW are looking back on a very special event, unique in our firm's history: the recently announced appointment of no less than eight new partners from our own ranks! Please read below to learn more about the "new old acquaintances".

We hope you find a few quiet moments this autumn season, perhaps with a glass of wine - and enjoy reading!

Yours sincerely,

Friedrich Graf von Westphalen & Partner

FGvW appoints eight new partners
We are pleased to announce that we have been able to admit eight experienced lawyers from our own ranks to our partnership. It is the largest partner promotion in the history of the firm. read more >

Corporate Law: Changes for Civil Partnerships (GbR), General Partnerships (OHG), and Limited Partnerships (KG): Modernization of Partnership Law
On June 24, 2021, the German Parliament unanimously adopted a bill to modernize partnership law that will enter into force on January 1, 2024. As the new law introduces many significant changes for civil partnerships (GbR), general partnerships (OHG), and limited partnerships, there is an acute need for action. read more >

Corporate Law: Is a non-payment or reduced payment of a Limited Liability Company to the Sole Shareholder compensable damage for the Sole Shareholder?
In the event that the sole shareholder of a limited liability company ("GmbH") receives no or reduced payments from the GmbH, the sole shareholder can only claim damages against third parties if the GmbH itself has suffered a financial loss in this connection. This was recently clarified by the Berlin Upper Regional Court. read more >

Copyright Reform: Adapting Copyright Law to the Requirements of the Digital Internal Market
The need to reform copyright law to adapt to increasing digitization has been discussed for many years. Due to the deadline for implementation of European requirements, which expired on June 7, 2021, there is now movement on the issue. read more >

Data Protection Law: Right to Information under Data Protection Law in the Healthcare Sector
The right to information under data protection law pursuant to Art. 15 (3) of the General Data Protection Regulation (GDPR) provides patients with a complete copy of their treatment documentation free of charge. This is confirmed by the activity reports of the data protection supervisory authorities and a recent ruling by the Dresden Regional Court. read more >

Implementation of the Digitalization Directive: Establishment of a German Limited Liability Company (“GmbH”) will become Possible Online
According to the so-called Digitalization Directive (EU Directive 2019/1151), EU member states must enable online formations of corporations by August 1, 2022 at the latest. The German government recently presented draft legislation to implement the Digitalization Directive. read more >

Transparency Register: Broad notification obligations for German and foreign all companies in the future
The recently passed Transparency Register and Financial Information Act (TraFinG) will significantly tighten the notification requirements for German companies of nearly all legal forms. For foreign companies as well, the notification obligations will be relevantly broadened: They will not only be subject to the notification requirements if they acquire real estate (Asset Deal), but also when they acquire shares in companies with real estate in Germany (Share Deal). read more >

News for Foundations: Extensive reform of the Law on Foundations passed
Foundation law is currently undergoing its biggest transformation since the German Civil Code (BGB) came into force with the passing of the "Act to Standardize Foundation Law and to Amend the Infection Protection Act". The new legal provisions create a coherent overall concept for foundations having legal personality under civil law. read more >

UK product certification post Brexit
A consequence of the UK leaving the EU which has perhaps attracted less attention than other areas, such as border checks, is the new regime for product certification.  Under EU law, many products must carry the CE mark to show that they are safe and comply with relevant laws. Until the end of the transition period, the UK continued to use the EU CE mark on those products to confirm safety and legal compliance. read more >

European Court of Justice Allows Ban on Pharmacy Sweepstakes
On July 15, 2021, the ECJ ruled that a national prohibition of  advertising by mail-order pharmacies is permissible with regard to prize competitions in which participants can win everyday items after submitting a prescription for a medicinal product for human use. read more >

The German Wine Making Regions
Most people think of Germany as a beer producing country and of Germans as beer drinking people. Well, this is not incorrect. However, Germany also has a great tradition in wine making and with many young enthusiastic wine makers having taken over from their parents in recent years, the quality of German wine has improved significantly. Now that autumn and with it the harvest season have begun, we thought it the perfect time to bring you some insights on some of the German wine growing regions that surround the offices of Friedrich Graf von Westphalen. read more >

"Germany's Best Lawyers 2022" - FGvW recommended by "Best Lawyers"
We are delighted with this year's result: 29 lawyers from our firm are among the "Best Lawyers" in Germany. read more >

brand eins: FGvW among the best Commercial Law Firms in Germany
With four out of four possible stars, we are one of the 100 best commercial law firms in Germany. We were particularly singled out in the areas of labor law, corporate law, trade and insurance. read more >

Leaders League: FGvW among the "Best Law Firms for Insurance Litigation" 2021
Our Cologne partners Tobias Lenz and Mike Weitzel have been named "highly recommended" by Leaders League. They are thus among the leading lawyers in insurance law in Germany. read more >

We introduce: Senior Associate Christian Koehler LL.M., Corporate Law / M&A, from our Berlin office. read more >

We introduce: Senior Associate Andreas Schubert, Labor Law, from our Freiburg office. read more >