In this spring edition of our newsletter, we focus on some of the very modern aspects of law. The articles deal with cryptocurrencies, agile work methods and the equal pay discussion. Furthermore, we also portray two of our fine colleagues.

And we are still in the Oscar’s mood here in Germany, celebrating the success of German movies at the recent Annual Academy Awards. We take this opportunity to provide you with some background information on the German film industry -  and what it has to do with the Black Forest.

Sending you our best wishes for a beautiful spring,
yours

Friedrich Graf von Westphalen & Partner

FGvW further expands administrative law and food law practice / Christiane Fuchs joins as partner in Frankfurt
With Christiane Fuchs, we are gaining another expert for the expansion of our established product liability and food law practice as of April 1, 2023. read more>

Corporate Law: Cancellation of a limited liability company despite participation in ongoing tax proceedings
Not every ongoing tax proceeding prevents the termination of the liquidation of a limited liability company. This was recently decided by the Federal Court of Justice. read more>

Labor Law: Works Council Chairman and Data Protection Officer - a conflict of interests?
In a recent decision, the Court of Justice of the European Union ruled that the dual role of an employee as chair of the works council and as data protection officer (DPO) does not necessarily conflict under European Union law, but that this is to be determined by the national court on a case-by-case basis. The fact that a member state lays down more protective specific provisions on the dismissal of a DPO is insofar compatible with EU law. read more >

Labor Law: Negotiating skills do not justify higher salary for men
A female employee is entitled to equal pay for equal work even if the employer justifies the higher salary of a male colleague on the grounds that he negotiated his salary better. This was decided by the Eighth Senate of the Federal Labor Court. read more>

Labor Law: Agile Practices affect Consultation Rights of German Works Councils (“Scrum Teams“)
In a decision dated October 6, 2022 (3 BV 116/21), the German Labor Court in Bonn ruled that agile teamwork organized in the form of partially autonomous groups is subject to consultation rights. This assumes that the agile work is characterized by staff teams that operate self-organized and as a self-sufficient unit, regardless of whether the teamwork is following Scrum principles or other agile working methodologies. read more>

Tax Law: Federal Fiscal Court rules: Profits from cryptocurrencies are taxable
We recently reported on the Federal Fiscal Court's (Bundesfinanzhof, "BFH") oral hearing on the taxation of cryptocurrencies Bitcoin, Ethereum and Monero. The BFH has now issued the eagerly awaited ruling: Profits from the sale of cryptocurrencies are subject to income tax as "private sales transactions". read more>

Tax law: Federal Fiscal Court negotiates the taxation of cryptocurrencies: Are Bitcoin and Co. economic assets?
Taxpayers and crypto investors are eagerly awaiting a decision by the Federal Fiscal Court (BFH - IX R 3/22) on the taxation of cryptocurrencies Bitcoin, Ethereum and Monero. The proceedings before the Federal Fiscal Court (Bundesfinanzhof – „BFH“) are intended to clarify the question of whether gains from the sale of cryptocurrencies are subject to taxation as "private sales transactions". read more>

Trademark Law: SME Fund - EU funding of trademarks and designs registrations
SMEs are the economic engine of the EU. However, industrial property rights are often not given the necessary attention in these companies. Yet the protection of intellectual property rights in small and medium-sized enterprises contributes to sustainable business growth. They are strategic assets that increase the value of a company and provide a solid basis against product and brand piracy. read more>

Germany – a Country for Cineastes
Every year, the most famous film awards, the annual Academy Awards, are eagerly awaited and much discussed worldwide. This year, however, they are likely to have attracted even more interest in Germany and especially in Southern Germany, namely the Black Forest. Why is that so? read more>

Friedrich Graf von Westphalen recommended again by The Legal 500 Germany 2023
We are pleased to be recommended in the new edition of The Legal 500 Germany 2023 handbook in eleven practice areas and among the "leading names", "names of the next generation" and "firms to watch". read more>

In each issue of our newsletter, people from our firm introduce themselves personally. This time, it is the turn of insolvency lawyer Robert-Dylan Graßhoff from our Freiburg office. read more>