The blog

of our BMZ legal experts

Aerztliche_Aufklaerung

When it comes to liability for medical interventions, one thing is particularly important: informing the patient. Read more

Der_neue_Beschluss

Civil servants for life enjoy a special protected status, which is also reflected in the fact that they cannot be retired without further ado. Read more

Krankenhausverguetung

Hospitals are increasingly relying on the use of CytoSorb or Oxiris for patients with septic shock. These blood purification procedures can be decisive for the positive outcome of treatment in an emergency. Read more

Dynamische_Entwicklungen

The planning law for onshore wind turbines in Schleswig-Holstein is currently undergoing complex changes - some of them involuntary - whose application poses major challenges for project developers, investors and local authorities. Read more

Kein_Anspruch_auf_Nutzung

Are journalists who report on traffic accidents entitled to use the hard shoulder on highways? The VGH Mannheim has answered this question in the negative. Read more

Rechtliche_Herausforderungen

Even 20 years after the introduction of this form of cooperation, there are still legal uncertainties regarding the remuneration of services provided by medical care centers (MVZ). This is illustrated by a decision of the Munich Social Court on… Read more

Erwerb_landwirtschaftlicher_2_

In the field of renewable energies and the associated storage structures, it is becoming increasingly economically attractive for project developers to acquire agricultural land rather than just lease it for a limited period of time. Read more

Ampelbild

It is an old dispute whether the freedom of faith, conscience and confession under Art. 4 para. 1, 2 GG is subject to a simple legal reservation or can only be restricted by goods of constitutional rank. Read more

OVG_Greifswald_Veraenderungssperre

In its decision dated 6 September 2024, the OVG Greifswald temporarily suspended the change ban to safeguard the preparation of development plan no. 42 "Structural safeguarding of the existing development for the area within Dannweg, Möwenstraße,… Read more

Tocotronic_und_die_abstrakte_Normenkontrolle_7

The provision in Article 93 para. 1 no. 2 of the Basic Law is one of the most beautiful provisions of the Basic Law. It contains a fundamental concept of modern philosophy, doubt. Every exam candidate knows the wording in Art. 93 para. 1 no. 2 GG: Read more

Bundesverwaltungsgericht

The BVerwG has granted the Compact magazine's application for interim legal protection against the ban on its association. However, key issues remain unresolved. Read more

Aenderung_des_Bundesimmissionsschutzgesetzes

The German Bundestag passed new amendments to the Federal Immission Control Act on June 6, 2024, essentially to speed up the approval process for onshore wind turbines. However, these amendments have not yet come into force. Read more

Gewerbemietraum_5

The premature ordinary termination of long-term rental agreements is a recurring topic of legal disputes and regularly occupies the courts. Read more

Inkrafttreten_des_Solarpaketes

Solar Package I has now entered into force on 16.05.2024. Read more

Veranstaltung_von_Public_Viewings

The upcoming European Football Championship offers an attractive advertising environment for many companies. Read more

Schleswig-Holstein_beschraenkt

On May 1, 2024, the state ordinance on the determination of areas with reduced cap limits in accordance with Section 558 (3) sentence 2 of the German Civil Code (Kappungsgrenzenverordnung Schleswig-Holstein - KappVO SH) will come into force. Read more

Arbeitsrecht_3

Since 01.04.2024, the requirement for disciplinary action against federal civil servants has been dropped. In light of the current relevance, this blog post provides an overview of the new legal situation. Read more

Der_Einzelkaufmann_und_die

By following a few tips, sole traders can make their company particularly "succession-ready". Read more

Bundesverfassungsgericht_erleichtert_Unternehmensumstrukturierungen

The book value privilege is also applicable in the case of a gratuitous transfer of assets between sister partnerships with identical shareholdings. Read more

Erweiterte_Verantwortung_fuer_Produktverpackungen

On July 1, 2025, far-reaching new regulations for placing product packaging on the market will come into force in Denmark. Read more

Beamtenrecht-keine_Freihaltung

Decision of the Schleswig-Holstein Administrative Court (12th Chamber) of 06.11.2023 - 12 B 55/23 Read more

Beamtenrecht_kein_vorschnelles_Verbot

Decision of the Schleswig-Holstein Administrative Court (12th Chamber) of 19.09.2023 - 12 B 45/23 Read more

Blog_Beamtenrecht_neu

Urgent decision of the Schleswig-Holstein Administrative Court (12th Chamber) of 19.09.2023 - 12 B 45/23 Read more

Gebuehrenbescheide_gegen_Klimaaktivisten

The federal state of Berlin issued fee notices against climate activists who had taped themselves to roads - and has now failed for the time being in proceedings before the Berlin Administrative Court (VG) Read more

Das_Gesetz_zur_Modernisierung

The Act on the Modernization of Partnership Law (MoPeG) comes into force on 01.01.2024. This law fundamentally reforms the law governing civil law partnerships (GbR) in particular. Read more

Bebauungsplaene_nach

The Federal Administrative Court declared Section 13b BauGB to be contrary to EU law and the development plan on which the decision was based to be invalid due to a notable procedural error in accordance with Section 214 para. 1 sentence 1 no. 3… Read more

Hinweisgeberschutzgesetz

The new Whistleblower Protection Act is here. Companies with 50 or more employees are particularly affected. Read more

OVG_Greifswald

In its ruling dated 25.04.2023, the OVG Greifswald approved the controversial development plan 01.WA.183 Read more

pick_up

In its ruling of November 8, 2022, the Federal Court of Justice dealt with an action for injunctive relief under public law against two articles Read more

wind-power-g80432e059_1920

On 23.03.2023, the OVG Schleswig declared the partial update of Regional Plan I on the use of onshore wind energy to be invalid. This concerns Read more

Bundesrat

On 16.12.2022, the Bundestag passed the Whistleblower Protection Act. This has significant implications Read more

solar-cells-g0a885cdfa_1920

On 01.01.2023 and 01.02.2023, some new regulations regarding the permissibility of ground-mounted photovoltaic systems, wind turbines and wind farms will come into force. Read more

Fotolia_73006368_Subscription_Monthly_M

The Bundestag has passed the Whistleblower Protection Act with significant amendments. Read more

industry-gf532be490_1920

After weeks of wrangling within the coalition over extending the operating life of nuclear power plants, Federal Chancellor Olaf Scholz Read more

crowd-g44866972d_1920

A newer and growing form of collective protest are the so-called "protest camps". These are characterized by Read more

Register

On August 1, 2021, the transparency register was converted into a full register. As a result, the reporting obligations have been extended, which means that there is an urgent need for action for a large number of companies. Read more

Das_Lieferketten

On 01.01.2023, the new Read more

bmz_blog_30.07.21

Transparency obligation for all! The Bundestag has once again decided to amend the Money Laundering Act. Read more

Kein_pauschales_Recht_auf_Datenkopie

On the right to information under Art. 15 GDPR and the "right to a copy" Read more

bmz_blog_26.06.20

The BGH and the BVerfG differ on a very important legal matter: the doctrine of property and the related question of possible compensation in the event of massive encroachments on freedom of ownership. Read more

bmz_blog_18.05.20

Everything will be done to ensure that no jobs are lost. This was promised by Federal Minister for Economic Affairs Peter Altmaier at the beginning of the coronavirus pandemic in March 2020. By contrast, the German Council of Economic Experts stated… Read more

bmz_blog_21.04.20

In response to the consequences caused by the coronavirus crisis, the legislator has taken action in recent weeks and has provided for numerous - at least temporary - new regulations for employers and employees, some of which have already been… Read more

bmz_blog_29.03.20

Federal legislation on the federal government's Corona package of measures completed! Read more

bmz_blog_26.03.20

In its extraordinary session on March 25, 2020, the Bundestag passed the following bills as part of the coronavirus package of measures adopted by the Federal Cabinet on March 23, 2020 after a brief debate and with a large majority. Read more

bmz_blog_23.03.20

Resolution of a draft law by the Federal Cabinet Read more

bmz_blog_19.03.20_insolvenz

Proposed legislation: Temporary suspension of the obligation to file for insolvency for companies threatened by insolvency due to the coronavirus pandemic Read more

bmz_blog_19.03.20_covid

In the course of the COVID-19 pandemic, cities and municipalities in Germany have banned all public events with 1000 or more people. The city of Kiel issued a general decree on this on 12.03.2020, for example. The question arises as to whether cities… Read more

bmz_blog_18.02.20

In a decision dated October 30, 2019, the Federal Administrative Court (BVerwG) in Leipzig abandoned its decades-long case law on the judicial reviewability of a committee decision. The reason given for the change in case law is the requirement of… Read more

bmz_blog_20.01.20

On November 6, 2019, the Federal Constitutional Court (BVerfG) made two groundbreaking decisions on the question of the extent to which a "right to be forgotten" exists on the internet (decisions 1 BvR 16/13 "Right to be forgotten I" and 1 BvR 276/17… Read more

Rechtstatsachen_sind_keine

The Federal Administrative Court (BVerwG) has ruled that Read more

bmz_blog_13.09.19

If the administration delegates the performance of public duties to private companies, the question arises as to who is liable for any damage incurred if this duty is not fulfilled. Ultimately, the answer depends on whether the private companies are… Read more

bmz_blog_09.09.19

The Federal Administrative Court (BVerwG) ruled on June 13, 2019 that the killing of male chicks is only permitted for a transitional period. Why? Read more

bmz_blog_28.08.19

Partners in a GbR have a legitimate interest in having the amount of their shareholding determined. Read more

bmz_blog_18.07.19

In its judgment of July 4, 2019, the ECJ ruled that the minimum and maximum rates for fees set out in the HOAI are contrary to EU law because they violate the Services Directive 2006/123/EC. Read more

printer

The Federal Court of Justice (BGH) ruled on December 20, 2018 that the official gazette of the town of Crailsheim may no longer be distributed free of charge to the town's residents. Why? - Municipalities and cities must observe the principle of a… Read more

gebaeude

Many municipalities levy a secondary residence tax on the owners of a secondary residence. Read more

weizen_kleiner

The prolonged heatwave and drought in Germany has resulted in significant crop failures for many farmers. On August 13, 2018, the heads of the state and federal ministries of agriculture met to discuss possible relief measures. Read more

Stoerauswahl_im_Boden

The Federal Soil Protection Act Read more

vogelansicht

The Federal Administrative Court in Leipzig has doubts as to whether an error in the preparation of a development plan for a wind farm is irrelevant and whether a corresponding development plan can therefore be "saved". Read more

Was_ein_Buergermeister

Current political issues are often the starting point for lively discussions. Mayors of municipalities and cities can and should Read more

printer

As part of the Federal Participation Act, the legislator has standardized an additional effectiveness requirement for the dismissal of a severely disabled employee or an employee of equal status with the new Section 95 para. 2 sentence 3 SGB IX,… Read more

Wer_die_Wahl_hat

Many municipalities and towns regularly organize folk festivals and markets. These events are very popular. Traditional markets in particular are Read more

Ferienwohnung_kuenftig

On November 30, 2016, the Federal Cabinet passed an amendment to the Urban Development Act. The law is primarily intended to adapt Read more

Baugebot_gegen_Schrottimmobilien

Urban development planning is a comprehensive task for the municipalities. In Kiel and other larger cities in Schleswig-Holstein, there are Read more

Streit

From 01.02.2017, even more extensive information obligations will apply for many companies in the B2C sector. This applies in particular to online retailers, but Read more

Schadenersatz_aufgrund

In summer 2016, the EU Commission imposed a record fine totaling around 2.9 billion euros on truck manufacturers MAN, Volvo/Renault, Daimler, Iveco and DAF. Read more

Privates_Baurecht

Last year, the German government passed a bill to reform construction contract law and introduced it to the Bundestag, Read more

Internetrecht__ist_die

Who is responsible under data protection law for the user data collected when a Facebook fan page is accessed? This question from Internet law awaits Read more

Kein_verkaufsoffener

In recent times, numerous municipalities and towns have tried to revitalize their areas with district and local festivals. These festivals lack the Read more

Durch_gezielte

In its "Siemens/ Neubürger" decision at the end of 2013, the Regional Court of Munich I (case no. 5 HKO 1387/10) made various statements on compliance obligations. Read more

Wissenswertes_zu_Vorsorge

Healthcare proxies and living wills are intended for situations in which a person can no longer act independently. With a Read more

Aus_dem_Notariat_01

Real estate buyers are currently enjoying the low interest rates on loans. For residential real estate, they are often only between one and Read more

Neues__und_Bekanntes

It has become even more important for website operators to ensure a complete and error-free privacy policy. Read more

Auswirkungen_der

The new EU Inheritance Regulation (ErbVO) applies to deaths from 17.08.2015. What has changed for heirs with regard to the Read more

Ausgleichsanspruch

If an authorized dealer, similar to a commercial agent, is integrated into the manufacturer's sales organization, he can be granted a Read more

Muss_ein_Dach_dicht_sein

In construction law disputes concerning defects in work performance, the following often arise Read more

Abmahnung

Occasionally, entrepreneurs are sent a warning letter due to a legal infringement. One example is a trademark or competition infringement. In this case Read more