Posts tagged #Germany

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GER: Setback for Digitalisation –BGH Overturns Austrian Online Certification

European Law 

The constraints associated with the digitalisation of notarial procedures across Europe remain evident. In its recent decision, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently decided that foreign online certific...

GER: Easements Require Land Registry Entry

Civil Law 

The German Federal Court of Justice (BGH) examined when a conditional civil law right to obtain an easement for rights of way may exist. Transfer of ownership without registration of the right of way in the land registry In the cased at hand, after t...

German BFH Decides on Tax-Deductible Dual Household Expenses

Tax Law 

The German Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH) has recently ruled on the tax deductibility of parking space costs in the context of maintaining two households. Second residence The case pertains to a second residence, including a ...

German BGH Clarifies ‘Personal Data’ under Article 15 of the GDPR

Civil Law 

The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether premium history details—such as adjustments, tariff changes, and terminations—in private health insurance count as personal data. The case at hand involved a ...

GER: Electronic Signature Certification Sufficient for Commercial Register Filings

Corporate Law 

The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has examined whether handwritten signature may be certified via a basic electronic certificate, thereby clarifying legal requirements within this context. GmbH dissolution in co...

German BGH Strikes Down Pension Cut Clause for Riester Policyholders

Civil Law 

The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) was required to adjudicate the validity of a provision contained within the terms and conditions of a unit-linked pension insurance policy. Pension factor reductions From June t...

German BGH on Pre-Negotiated Brokerage Agreements

Civil Law 

The German Bundesgerichtshof (hereinafter BGH) recently had to consider whether a brokerage agreement negotiated in advance between a project developer and a brokerage agency could still be subject to review under the German Law on Standard Terms and...

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