New partners
At the beginning of 2026, the founding partners of the law firm AU VON POCHHAMMER Rechtsanwälte, Dr. Saskia Au (54) and Kathrin von Pochhammer (55), merged with the law firm merlekerpartner. Both lawyers have many years of experience advising medium-sized companies and startups, primarily in the renewable energy and e-commerce sectors, the construction industry, and the biotech and medical fields.
Federal Court of Justice (BGH): Change in the allocation of costs for maintenance measures in common property
In two rulings dated March 22, 2024 – V ZR 81/23 and V ZR 87/23 – the Federal Court of Justice decided that an owners' meeting can, in principle, decide on the allocation of costs for maintenance measures on common property to individual apartment owners.
Federal Court of Justice: Owner cannot demand a change of the land register after the deletion of a lawful compulsory entry.
Following a legally valid compulsory entry in the land register, the affected owner cannot demand a change to the land register. Such a right arises neither from the regulation implementing the Land Register Ordinance nor from Article 17(1)(a) GDPR, and cannot be derived directly from the Constitution either.
Federal Court of Justice (BGH): Disclosure obligations of a real estate seller when setting up a digital data room
In its judgment of September 15, 2023 (V ZR 77/22), the German Federal Court of Justice (BGH) clarified the standards for the disclosure obligations of a seller of a developed property. A seller who grants the buyer access to a digital data room containing documents and information about the property only fulfills their duty to disclose if and to the extent that, based on the circumstances, there is a legitimate expectation that the buyer will gain knowledge of the information requiring disclosure by inspecting the data room.
Federal Social Court: Clarification of bogus self-employment for managing directors of a one-person company
The formation of a limited liability company cannot circumvent social security obligations. The actual circumstances are decisive in assessing a person's social security status. This was decided by the Federal Social Court in three appeal proceedings (BSG v. 20.7.2023 – B 12 BA 1/23 R, B 12 R 15/21 R and B 12 BA 4/22 R).
Draft law: Legal right of a tenant or homeowner to install a balcony photovoltaic system
In times of rising electricity prices, the demand for solutions to keep these costs as low as possible is also increasing. This increasingly includes the purchase of a photovoltaic system for self-installation. To prevent lengthy discussions with landlords or other members of the homeowners' association, a draft bill from the Federal Ministry of Justice now proposes a legal right to install so-called balcony power plants.
A turning point in corporate law
The biggest reform of partnership law in over 100 years is on the horizon: Existing companies have until the end of 2023 to adapt to the new legal situation (if necessary, by amending their partnership agreements). The law is scheduled to come into force on January 1, 2024.
Federal Court of Justice (BGH) on the new Condominium Ownership Act: Structural alterations require a resolution
In a ruling dated March 17, 2023, the Federal Court of Justice decided that a resolution of the apartment owners must be obtained before carrying out structural changes to common property (Case No.: V ZR 140/22).
Profit distribution is permissible in deviation from the GmbH articles of association.
The Federal Fiscal Court (BFH) has ruled that an incongruent advance profit distribution decided unanimously without a basis in the articles of association is legally valid and therefore subject to taxation (Judgment of 28.9.2022 – BFH VIII R 20/20).
Under the wing of GEMA
As of January 1, 2023, our partner Raphael Gassmann has assumed the position of Senior Manager Legal & Business Affairs at Zebralution GmbH. The Berlin-based company is a globally operating digital distributor for independent labels, audiobook publishers, and podcasts. Since December 2019, the German collecting society GEMA has held a majority stake. Mr. Gassmann, a lawyer, will remain affiliated with the law firm merlekerpartner in an advisory capacity as Of Counsel, without becoming a partner.