Revision of regulations on architects´and engineers´fees due in 2013 (ILO)09/07/11 Revision of regulations on architects´and engineers´fees due in 2013 (ILO)The Fee Structure Commission of the Engineers´and Architects´Associations and Chambers has resolved to reform the regulations on architects´and enineers´fees (which were revised as recently as 2009) by 2013. Read more. Ansprechpartner: Obligation to grant local community consent (ILO)08/19/11 Obligation to grant local community consent (ILO)The Federal Court of Justice (BGH) ruled that building permission authorities are obliged to grant the local community consent in building permission proceedings if it has been unlawfully refused. Read more. Contact: Priority rental rights in insolvency (ILO)08/19/11 Priority rental rights in insolvency (ILO)The parties to rental contracts for commercial premises often agree "priority rental rights". In practice, this concept is used to cover a whole series of legal structures. They range from fixed options for the tenant to a promise made by the landlord as a business policy that if any additional premises become available, they will be offered to the tenant. Read more. Contact: Registration of a consortium in the Land Register (ILO)02/25/11 Registration of a consortium in the Land Register (ILO)Under German law, a consortium consisting of several construction companies can be classified as a partnership under civil law or a commercial partnership. In contrast to commercial partnerships, which unarguably have legal personality, the question as to whether partnerships under civil law have legal individuality (ie, the capacity to be the subject of legal rights and duties) has been at the heart of heated discussions among academics and in the courts. Read more. Contact: Compulsory tender process for public sector property transactions (ILO)09/16/10 Compulsory tender process for public sector property transactions (ILO)On March 25 2010 the European Court of Justice (ECJ) delivered an eagerly awaited decision on the obligation to carry out a tender process for public sector property transactions. Initial reaction in Germany was enthusiastic, the suggestion being that local communities, project developers and investors could relax since the ECJ had ruled that municipal property transactions were fundamentally not subject to EU public procurement law. However, an examination of the finely differentiated grounds given for the ruling shows that such conclusions were too hasty and did no justice to the deliberations of the court. Read more. Federal Court of Justice rules on signatory requirements for rental contracts (ILO)05/21/10 Federal Court of Justice rules on signatory requirements for rental contracts (ILO)On November 4 2009 the Federal Court of Justice made its requirements regarding the written form of a rental contract even more stringent. A rental contract with a stock corporation failed to meet these requirements because it was signed by only one of the four members of the board of directors who shared the right of collective representation. Read more. Contact Pitfalls in Financing (Der Treasurer 05/2010)03/24/10 Pitfalls in Financing (Der Treasurer 05/2010)For further information please visit the German version of this site or contact Dr. Christian Dohm c.dohm @ sibeth.com
Allocation of adminitrative costs in commercial lease agreements (ILO)03/05/10 Allocation of adminitrative costs in commercial lease agreements (ILO)In its ruling of December 9 2009 (XII ZR 109/08), the Federal Court of Justice significantly simplified the allocation of property management costs to tenants by landlords. The court ruled that a provision in a commercial lease agreement stating that the costs of commercial an technical property management are to be assigned to the tenant as part of the auxiliary costs is valid even without any defined or maximum amount. Read more. Contact Compliance avoids Liability Risks (DIE NEWS)02/24/10 Compliance avoids Liability Risks (DIE NEWS)For further information please visit the German version of this site or contact Dr. Detlef Koch d.koch @ sibeth.com Changing the Basis of Price Indices (International Law Office)12/18/09 Changing the Basis of Price Indices (International Law Office)The property industry regularly faces the question of how rent increases which are based on price index clauses should be calculated, when there has been a change in the basis of the index since the last rent increase or such a change has been published. Read more. Partial Termination of Contract under Standard Building Contract Terms (ILO)11/30/09 Partial Termination of Contract under Standard Building Contract Terms (ILO)The first sentence of Part Bof Section 8(3)(2) of the Standard Building Contract Terms (VOB/B) envisages the possibility of a notice of partial termination for a self-contained part of the contractual performance. In a ruling of August 20 2009 (Decision VII ZR 212/07), the Federal Court of Justice gave a more detailed definition of the requirements of such a right of partial termination by an interpretation of the term “self-contained”. Thus, the court established the principle whereby a right of partial termination does not apply to individual parts of a performance shich have been undertaken by the same trade. Read more. Contact: Real Estate Restructuring (Yearbook Restructuring 2010)11/05/09 Real Estate Restructuring (Yearbook Restructuring 2010)For further information please visit the German version of this site or contact Dr. Detlef Koch d.koch @ sibeth.com Private Investment Firms are Entitled to Levy the Execution (immobilienmanager 10/2009)10/12/09 Private Investment Firms are Entitled to Levy the Execution (immobilienmanager 10/2009)German Federal Court of Justice provides the opportunity for banks to assign their claims together with the respective securities even to a third party which do not have a banking licence. For further information please visit the German version of this site or contact Dr. Tobias Hagner t.hagner @ sibeth.com Will private equity investments go mainstream? (Guest Commentary FINANZ BERATER 9/2009)10/12/09 Will private equity investments go mainstream? (Guest Commentary FINANZ BERATER 9/2009)For further information please visit the German version of this site or contact Dr. Andreas Kloyer a.kloyer @ sibeth.com Federal Court Sets Out Principles of Sound Insulation in Residential Construction (ILO)09/28/09 Federal Court Sets Out Principles of Sound Insulation in Residential Construction (ILO)In the past two years the Federal Court of Justice has ruled on several cases regarding the problem of what standard of sound insulation is required in the construction of semi-detached houses and owner-occupied apartments. The issue arose following significant regulatory changes. This upadate discusses the most important case law principles which have emerged from the court's rulings. Read more. Contact: Convertible Solutions for Flat Supermarket Roofs (WirtschaftsKurier September 2009)09/24/09 Convertible Solutions for Flat Supermarket Roofs (WirtschaftsKurier September 2009)For further information please visit the German version of this site or contact Dr. Susanne Schießer s.schiesser @ sibeth.com Court of Justice to Permit "Cold Eviction" from Commercial Properties (International Law Office)08/14/09 Court of Justice to Permit "Cold Eviction" from Commercial Properties (International Law Office)In a surprising ruling, on May 6 2009 the Federal Court of Justice decided that under certain circumstances the landlord of a commercial lease agreement is not obliged to maintain the supply of heating and other utility services to the tenant following the expiry of the lease agreement. Thus, in certain strictly defined scenarios, the court will now permit the use of so-called "cold eviction". Read more. Contact: How to Avoid the Interrest Barrier? (FINANCE July/August 2009)08/13/09 How to Avoid the Interrest Barrier? (FINANCE July/August 2009)(Statement of Stefan Kirchmann) For further information please visit the German version of this site or contact Stefan Kirchmann s.kirchmann @ sibeth.com Contract Award Process Risk to be Borne by Public Sector Client (ILO)08/03/09 Contract Award Process Risk to be Borne by Public Sector Client (ILO)A recent Federal Court of Justice ruling has demonstrated that, in future, public sector clients for construction projects will have to pay any extra costs resulting from an unexpected delay in the award of the contract. The case has major economic significance because public sector orders with a value of approximately € 50 billion are awarded each year in the construction sector. Read more. Contact: Marketplace North America - To Success with Hightech and Sensitivity (medizin & technik)06/10/09 Marketplace North America - To Success with Hightech and Sensitivity (medizin & technik)For further information please visit the German version of this site or contact the Practice Group Corporate & Finance corporatefinance @ sibeth.com. Market Entry into China (meditec INTERNATIONAL 2/2009)05/11/09 Market Entry into China (meditec INTERNATIONAL 2/2009)For further information please visit the German version of this site or contact the Practice Group Corporate & Finance corporatefinance @ sibeth.com.
Frontiers as Obstacle (Sonne Wind & Wärme 5/2009)03/19/09 Frontiers as Obstacle (Sonne Wind & Wärme 5/2009) For further information please visit the German version of this site or contact the Practice Group Corporate & Finance corporatefinance @ sibeth.com.
The Calm before the Storm (FINANCE Special Supplement February 2009)02/25/09 The Calm before the Storm (FINANCE Special Supplement February 2009)For further information please visit the German version of this site or contact the Practice Group Real Estate realestate @ sibeth.coom |
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