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Ineffectiveness of an operating costs clause aimed at taking over “center management” costs in commercial leasing law

Mayer Brown LLP
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Germany
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December 19 2011

Lessors of shopping centers often allocate administration costs to the lessees in their usually model lease agreements which are deemed to constitute general terms and conditions

Merger control in Germany German court clarifies controversial jurisdictional issues

Mayer Brown LLP
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Germany
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August 16 2012

In a recently published decision1 the Higher Regional Court of Düsseldorf provided interesting guidance on how to deal with jurisdictional uncertainties of German merger control

Kehrtwende des BAG zur gespaltenen Rentenformel

Mayer Brown LLP
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Germany
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April 26 2013

Viele Versorgungsordnungen enthalten eine so genannte gespaltene Rentenformel“. Nach einer solchen gespaltenen Rentenformel fällt der Teil des

Impermissible appeal to the invalidity of a power of attorney by the principal Federal Court of Justice, decision of July 20, 2012 VZR 21711

Mayer Brown LLP
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Germany
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April 24 2013

If a contracting party is not entitled to appeal to the invalidity of the power of attorney issued by the opposition’s representative due to the

Value added tax and acquisition of non-performing loans - decision by the European Court of Justice dated 27 October 2011 in Case C-9310

Mayer Brown LLP
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European Union, Germany
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November 4 2011

In its MKG decision dated 26 June 2003 (C-30501) the European Court of Justice (“ECJ”) ruled that each kind of factoring i.e. non-recourse and recourse factoring qualifies as a service subject to value added tax (“VAT”

German courts challenging UK schemes of arrangement?

Mayer Brown LLP
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Germany, United Kingdom
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April 30 2010

In a decision which has not yet been confirmed by the German Federal Court, the Higher Regional Court of Celle (an appellate court) has decided that a German policyholder of UK life insurer Equitable Life is not protected by a scheme of arrangement which had been approved by the London High Court in February 2002

European and German privacy laws and cross-border data transfer for e-discovery in the United Statesare these systems compatible?

Mayer Brown LLP
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European Union, Germany, USA
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June 8 2011

European companies involved in litigation in the United States often struggle to balance conflicts between EU and US approaches to data privacy protection

Void construction permit for a high-rise building due to void exemption

Mayer Brown LLP
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Germany
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December 19 2011

Generally, and particularly in the case of approved construction permits for permitted existing buildings, old construction permits may be subject to review in connection with a neighbor’s objections or legal actions

The written form and its effects: Düsseldorf Higher Regional Court, decision of November 29, 2012 10 U 3412

Mayer Brown LLP
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Germany
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April 24 2013

A contractual cure clause, which is to remedy the lack of written form requirements of a lease agreement, is ineffective, unless overall it obligates

Disclosure requirement on profit margins and commissions in the sales of securities

Mayer Brown LLP
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Germany
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November 30 2012

The disclosure requirement on banks’ remuneration in the sales of securities is the subject of numerous, sometimes contradictory decisions of German courts

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Search results

Ineffectiveness of an operating costs clause aimed at taking over “center management” costs in commercial leasing law

Merger control in Germany German court clarifies controversial jurisdictional issues

Kehrtwende des BAG zur gespaltenen Rentenformel

Impermissible appeal to the invalidity of a power of attorney by the principal Federal Court of Justice, decision of July 20, 2012 VZR 21711

Value added tax and acquisition of non-performing loans - decision by the European Court of Justice dated 27 October 2011 in Case C-9310

German courts challenging UK schemes of arrangement?

European and German privacy laws and cross-border data transfer for e-discovery in the United Statesare these systems compatible?

Void construction permit for a high-rise building due to void exemption

The written form and its effects: Düsseldorf Higher Regional Court, decision of November 29, 2012 10 U 3412

Disclosure requirement on profit margins and commissions in the sales of securities

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