Germany: Corporate/Commercial Law

Private equity sponsors acquiring EU investment firms through third-country holding structures face complex regulatory architecture decisions under the Investment Firms Regulation and Directive. While there is no automatic EU intermediate holding company requirement, national competent authorities possess discretionary powers to mandate one where effective group-level supervision is absent, creating potential 'regulatory architecture debt' that accumulates with each successive acquisition.

A leaked draft of a standalone German Investment Screening Act (the “IPG”) has been circulating for a few days – offering a first concrete glimpse into the planned overhaul of Germany's FDI regime.

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”).

The EU Cyber Resilience Act establishes cybersecurity as a prerequisite for EU market access, affecting not only hardware products with digital elements but also standalone software. Manufacturers must navigate new conformity assessments, CE marking requirements, and mandatory free security updates during defined support periods. These requirements may force companies to fundamentally rethink their go-to-market processes and pricing calculations.

The Berlin Public Prosecutor's Office has launched an investigation into potential violations of EU sanctions against Russia in connection with the now-closed 'Russia House' cultural center in Berlin. Authorities are examining whether tenants or occupants of the facility may have breached the Foreign Trade and Payments Act through sanctions-related offenses.

Germany's financial regulator Bafin has published new risk management requirements specifically designed for small and medium-sized investment firms, marking a significant shift from the previous practice of applying credit institution rules. The WpI-MaRisk framework, effective January 2027, provides tailored supervisory expectations that better align with the unique characteristics and business models of investment firms. Investment firms now face the critical task of conducting gap analyses and restructur

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.

A licence defence under Art. 25 UPCA must be substantiated within the UPC proceedings themselves; mere references to submissions in parallel national proceedings are insufficient (Art. 25 UPCA, R. 24 RoP)

The European Union's Packaging and Packaging Waste Regulation (PPWR) became applicable across all Member States in August 2026, introducing new compliance obligations for manufacturers, importers, and distributors. The European Commission's updated FAQ provides crucial guidance on role classification, conformity requirements, and enforcement approaches, yet significant questions remain regarding operational implementation and the allocation of responsibilities throughout the value chain.

A leaked draft of a standalone German Investment Screening Act (the “IPG”) has been circulating for a few days – offering a first concrete glimpse into the planned overhaul of Germany's FDI regime.