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EU proposal for a directive harmonising certain aspects of insolvency laws
Further adjustments planned after implementation of the EU Restructuring DirectiveIn December 2022, the EU Commission presented a new Proposal for a Directive harmonising certain aspects of insolvency law aimed at consistently advancing efforts... read more
SanInsKG: new special rules for crisis-related insolvency law remain under the radar
COVInsAG (COVID-19 Insolvency Suspension Act) is now called SanInsKG (Restructuring and Insolvency Law Crisis Mitigation Act)With the Coronavirus crisis having now been overcome, it has been almost seamlessly replaced by an energy crisis... read more
StaRUG Restructuring Facilitation
The best way to strike a balance between creditors and debtors in the current crisis
At the end of 2020, the German Act on the Stabilisation and Restructuring Framework for Companies, in short:... read more
Avoidance of transactions in insolvency proceedings – New BGH Ruling
The ruling of the IXth Civil Senate, which is responsible for insolvency law at the Federal Supreme Court (BGH), on the so-called transaction avoidance with intent, pursuant to § 133 of the German Insolvency... read more
German Sales Law 2022: News on Warranties and Digital Products
Far-reaching changes in sales law and contracts for digital products as of 1 January 2022
The sales law regulated in the German Civil Code will be radically changed as of 1 January 2022, and... read more
COVID-19 Pandemic Act COVInsAG: Insolvency law consequences of the crisis for creditors
One of the most important parts of the COVID-19 pandemic law, which was hastily enacted by the legislator in March, is the regulations it contains for the temporary modification of insolvency law. The COVID-19... read more
SanInsFoG: EU Restructuring Directive implemented with effect from 1 January 2021
As early as 2 November 2016, the European Commission had submitted a proposal for a “Directive of the European Parliament and Council on preventive restructuring frameworks, second chance and measures to improve the efficiency... read more
Avoidance of transactions in insolvency proceedings: First results of legal reform
In recent years, the German Federal Court of Justice’s judicature on the so-called pre-emptive action of wilfully disadvantageous transactions according to sect. 133 of the German Insolvency Act (InsO) was completely out of hand.... read more
Information obligations of lawyers: German Federal Court of Justice ends decades of discussion about direct claims of legal expenses insurance
In its ruling of February 13, 2020, the Federal Court of Justice (BGH, file no. IX ZR 90/19) confirmed a ruling of the Berlin Regional Court (file no. 5 S 22/18) that PASCHEN Rechtsanwälte... read more
Installation and removal costs under warranty law: New legal situation since 1 January 2018
What has been applied so far
Under the current legal situation, the contractor is deemed liable to his clients in the case of a defect for costs arising from installation and removal... read more