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German Federal Court of Justice decides on patentability of stem cells decision of 27 November 2012 X ZR 5807

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • March 13 2013

On November 26, 2012, the German Federal Court of Justice (Bundesgerichtshof BGH) issued a final decision (docket nr. X ZR 5807) in

Survive or be terminated

  • Latham & Watkins LLP
  • -
  • France, Germany, United Kingdom
  • -
  • October 4 2012

Recent developments in Germany concerning the survival of sublicenses after termination or expiration of the main license should alert licensors to re-evaluate their licensing models and to take additional steps to ensure they retain sufficient control of their intellectual property

New developments in Germany’s vacation laws: expiration of vacation entitlements in the event of incapacity due to illness

  • Latham & Watkins LLP
  • -
  • European Union, Germany
  • -
  • August 16 2012

This article explores recent decisions by the European Court of Justice (ECJ) and German Federal Labour Court that challenge the previous principles of forfeiture of vacation entitlements for employees in Germany

Restructuring tax in Germany: recent court rulings, decrees and practice developments

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • August 8 2012

Restructurings have become an integral part of the reality of the German debt and equity markets

Scope and applicability of new Bondholder Act

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • May 29 2012

Recent decisions of the Frankfurt am Main Higher Regional Court on the scope and applicability of the new Bondholder Act 2009 have cast considerable doubt on the viability of certain debt restructurings under German law

Recognition of English schemes of arrangements in Germany: latest developments in the Equitable Life case

  • Latham & Watkins LLP
  • -
  • Germany, United Kingdom
  • -
  • May 29 2012

English schemes of arrangement under the Companies Act 2006 (Schemes) have been increasingly used by non-English companies as a powerful tool to restructure their financial indebtedness

Good news for employers: U-turn in case law on fixed-term contracts with a specific reason in the case of “prior employment”

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • March 1 2012

Pursuant to s.14(2) of the German Part- Time and Fixed-Term Act (Teilzeit- und Befristungsgesetz) (the Act) the term of an employment contract may be fixed without a particular reason for up to two years, provided that the other conditions for fixing the term are met

L’Oréal v. eBay: the Court of Justice of the European Union tightens liability of online marketplace operators the CJEU

  • Latham & Watkins LLP
  • -
  • European Union, France, Germany, United Kingdom
  • -
  • August 11 2011

The long awaited decision of the Court of Justice of the European Union in L’Oréal v. eBay was handed down last month

Increased standards for retroactive changes of tax laws with negative effects for tax payers

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • June 9 2011

On 7 July 2010 the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) delivered three rulings with regard to retroactive changes of tax law

No deduction of input VAT as part of a tax exempt share deal

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • June 9 2011

In a recent ruling dated 27 January 2011 (V R 3809), the Federal Fiscal Court (Bundesfinanzhof, BFH) further developed the principles of the European Court of Justice’s (ECJ) SKF decision (C-2908, cf. Info No. 10, April 2010) and decided that there is no entitlement to a deduction of input value added tax (VAT) paid on advisory fees incurred as part of a share disposal transaction