To me, the March ’21 figures implied that – given the then stark rising corona-figures – the German economy was rather “walking on egg-shells” fearing another crash due to the ongoing and soon to be hardened lockdown (cf. here). However, there were signs of hope. Now let’s take a more detailed view into the German economy for April 2021 to see if this hope was indeed warranted:
After the February figures presented a mixed picture while discussions on a “serious” lockdown alienated the economy (here) the question was how the German economy would fare in March 2021. Not too bad, but, hey, let’s take a more detailed view into the German economy: Although (as reported) the “five wise (wo)men” (Wirtschaftsweise) had lowered … more
The German federal government is trying to at least cushion the economic consequences of the Corona pandemic in several ways. One of these is a regulation that is likely to be aimed primarily at retailers severely affected by forced closures, namely to force landlords to adjust rents according to the principle of the so-called “cessation of the implicit of the contractual basis” (“Wegfall der Geschäftsgrundlage“). The following article proves that a hectic rush does not automatically make for the best possible regulation.
After not too bad of a start into the year (here) hopes were (and are still) high that the German economy would have a a decent start into the year. However, as lockdown 3.0 looms (did we even get out of “2.0”?), are there now clouds appearing on the economy’s horizon? For that let’s take … more
Everyone is talking about restructuring, so I am too. In my small series of in-depth articles on the SanInsFoG in general and the StaRUG in particular (see already here and here), I will now deal with the aspect of what “depth of reorganisation” the StaRUG actually stipulates (with a small, but important for future case law on the StaRUG, side glance at the InsO).
Now it’s official – the SanInsFoG came into force (at least in its most important parts) on January 1, 2021. And already, the first reform is just around the corner: the pandemic-related further extension of the “COVInsAG”. After the smoke has cleared from the trench warfare over the design of this next “reform of the century”, which after a decade of discussion has finally given birth to something like a “pre-insolvency restructuring mechanism”, I will (as already promised at the end of last year, here) take a more in-depth look at specific aspects of this reform work in a small series.
In a decision from November 2020, the German Federal Court of Justice (“Bundesgerichtshof“, “BGH“) explicitly opposed the view predominantly held by the Higher Regional Court Düsseldorf (most recently still: OLG Düsseldorf, judgment 26.06.2020 – 4 U 134/18, in German) and classified the claim for damages against the managing director pursuant to § 64 Sentence 1 GmbHG (German Act on Limited Liability Companies) as a statutory liability claim for damages within the meaning of the insurance conditions.
The German legislator’s frenzy went into overdrive on 17 December 2020: