Germany: Corporate/Commercial Law

Investors in private equity funds pool their capital to acquire equity interests in companies. A fund manager—often a limited liability company (GmbH)—selects, manages, and sells those interests at a profit. In addition to a fixed management fee, the manager receives so-called carried interest (or “Carry”).

General Partners launching private equity or venture capital funds face significant challenges in financing their GP commitment, particularly when operating in the defense technology and dual-use sectors.

The Fiscal Court of Münster has ruled on a critical question in German reorganization tax law: when assessing whether a contribution in kind qualifies for tax-neutral treatment, should authorities examine the circumstances on the actual contribution date or the retroactive tax effective date? This decision challenges longstanding administrative guidance and could fundamentally reshape how businesses structure tax-efficient reorganizations involving partnership interests and special business assets.

The European Commission has proposed replacing the EU's three core procurement directives with a single, directly applicable Regulation that would fundamentally reshape how companies compete for public contracts across Member States. The reform introduces mandatory quality criteria thresholds, embeds ESG considerations as evaluation factors, and establishes new security and European-preference provisions that could restrict participation based on ownership, supply chain exposure, and strategic dependencies.

The EU Pharma Package introduces significant reforms to regulatory data and market protection periods for medicinal products, fundamentally altering the current "8+2(+1)" protection formula.

Die EU-Verpackungsverordnung (PPWR) entfaltet seit August 2026 unmittelbare Rechtswirkungen in allen EU-Mitgliedstaaten. Die Europäische Kommission hat mit ihrer zweiten FAQ-Auflage wichtige Klarstellungen zur Rollenzuordnung, Erzeugerverantwortung bei Eigenmarken und Transportverpackungen sowie zum behördlichen Vollzug geliefert. Unternehmen müssen ihre Position in der Wertschöpfungskette präzise bestimmen und die damit verbundenen Compliance-Pflichten erfüllen.

General Partners launching private equity or venture capital funds face significant challenges in financing their GP commitment, particularly when operating in the defense technology and dual-use sectors.

Germany's foreign direct investment (FDI) regime has been expanded considerably in recent years, mirroring a global trend towards increased scrutiny of cross-border investments, and particularly...

On April 9, 2025, the German Christian Democrats (CDU) and Social Democrats (SPD) finalized a coalition agreement after the snap elections in February.

German corporate group law grapples with a fundamental tension: reconciling the economic interests of a corporate group as a unified entity with the legal principle that each group company operates as an independent legal entity with distinct interests.

German corporate law faces a fundamental challenge in balancing the economic interests of a corporate group with the legal principle that each subsidiary remains an independent legal entity. This article examines how the concept of 'group interest' (Konzerninteresse) operates within different corporate structures, exploring the tension between centralized group management and the protection of dependent companies, minority shareholders, and creditors.

Filing for insolvency carries significant legal and reputational consequences, but what happens when a company's financial situation improves after filing? This article examines the legal framework...