-
Scope of application of the supply chain due diligence act for international corporations
From 2023, the new regulations on the Supply Chain Act will come into force in Germany. In consulting, there is now often contradictory information on the scope of application with regard to international groups and, in particular, whether employees of foreign subsidiaries must also be taken into account for the employee thresholds. From 2023, the…
-
The new supply chain due diligence act – also relevant for small companies?
In Germany, starting from 2023 – large companies will be the required by law to check the extent to which their business activities violate aspects such as occupational health and safety, minimum wage, health and environmental standards. The legal framework therefore is the new Supply Chain Due Diligence Act. The corporate obligations will apply from…
-
End-user certicates in contracts – A solution for dual-use trade?
Today I had a conversation with a colleague about the topic of so-called end-use declarations. These are particularly relevant for trade transactions in the context of trade embargoes. National import and export authorities sometimes demand such an end-use declaration, with which the recipient of the goods undertakes not to pass on the goods. These declarations…
-
Withholding law / lien in English law
Today I had a new case – actually related to the Russian invasion of Ukraine. A company has an ongoing deal for the supply of aircraft equipment to a Russian airline. The equipment was ready – then the Russian government ordered the invasion. The sanctions subsequently imposed by the EU and the USA are now…
-
Legal implications of the Russia-Ukraine war on business
First of all, the most prominent effect is the sanctions that have been imposed. Sanctions have already been imposed by the EU, but also by individual states such as the United States and the United Kingdom. These relate to Russian persons and Russian entities, export bans on goods and restrictions on technology transfer. Restrictions on…
-
Tax implications of a property leased from abroad – Legislation Review (C-931/19)
Last year, the European Court of Justice (ECJ) issued a key decision on the tax relevance of real estate leased from abroad, case ‘Titanium’ (C-931/19). In this context, the main issue was the interpretation of the term ‘fixed establishment’ in international tax law – specifically, the application of Article 44 of EU Directive 2006/112/EC in…
-
Commodity shortages: Legal aspects of price adjustment
One issue that currently concerns many companies active in international trade is the rising price of raw materials. I had already written an article here for the Chamber of Industry and Commerce last month, but I would like to shed some light on the topic here as well: Still ongoing effects of the coronavirus pandemic,…
-
Arbitration agreements under the New York Convention and their contractual incorporation – Legislation Review
The core of legal work is also always the analysis of case law – after all, knowledge of important high court decisions provides considerable legal certainty for any future casework. Today’s focus is a decision of the German Federal Court of Justice (BGH) on the CISG (UN Convention on Contracts for the International Sale of…
-
U.S. labor, social security and tax regulations – Depends on the particular U.S. state? Or even the city?
My field of work also includes business inquiries regarding US law. Here I had a case in which a German company wanted to open a branch office in the USA, specifically in Denver, Colorado. Now a German employee is to be deployed there as a local team leader. Specifically, the question was now about locally…
-
Modification of Incoterms® clauses- At one’s own risk
Today I received a case in which a company’s customs representative asked a legal question about the use of Incoterms®. Specifically, the company uses the clause “FCA according to Incoterms 2010” in most order export confirmations/invoices. A lawyer specialized in customs and trade law had then pointed out to him that it would be a…
Fuehrich.de
– Commercial Law Blog by Matthias Fuehrich, LL.M. (法学硕士)
Fuehrich.de 