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The key aspects of the German Act on Corporate Due Diligence Obligations in Supply Chains ( LkSG or Act ) have already been explained in our previous Client Alert. In the following, we will take a closer look at the liability consequences in the event of a violation of the obligations set out in the LkSG.
Background
On 25 June 2021, the widely discussed LkSG was approved by the Federal Council (
Bundesrat) as well. This marks the German legal prelude to a development that international companies currently find themselves facing, which can be referred to as ESG, i.e. environmental, social and governance factors.
Update On German Compliance Legislation: Supply Chain Due Diligence Act Is Adopted, Corporate Sanctioning Act Fails | Morrison & Foerster LLP
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On March 25, 2021, The German Federal Supreme Court (
Bundesgerichtshof,
BGH) ruled on appeal that certain transaction surcharges for the use of payment services offered by online payment service providers Sofortüberweisung, part of the Klarna Group, and PayPal do not violate the prohibition on surcharges for SEPA payment transactions.
1
PSD2), which was transposed into German law by Section 270a of the German Civil Code (
Bürgerliches Gesetzbuch,
BGB). The judgment is therefore of interest not only for Germany, but for the entire EU payment services market.
In the appeal case brought before the BGH, the claimant, a consumer protection organization, had originally filed for a cease and desist order against the defendant, a long distance bus operator, for an alleged violation of the ban on surcharges. As a means of payment, customers of the defendant could choose between payment by debit card, credit card, Sofortüberweisung and PayPal. For the latter two, the defendant w
German judge rules no masks, no distance, no more tests for pupils, The masks are not only useless, they are also dangerous
“If you tell a lie big enough and keep repeating it, people will eventually come to believe it.”
…Joseph Goebbels
“More than 6,000 healthy children in the U.S. and Canada will be enrolled in the Moderna Covid-19 Vaccine Study for which the benefits to society are nil and the risks unknown.”.
..Citizen Wells
“it is my sincere hope that this public letter might stimulate FDA, Pfizer and Moderna leaders to think critically and quickly about the immunological danger the COVID-19 vaccine might pose to those persons naturally infected by SARS-CoV-2 most especially to those infected who are recently convalescent, asymptomatic carriers, the elderly and frail or those with significant cardiovascular risk factors.”.
German judge rules no masks, no distance, no more tests for pupils, The masks are not only useless, they are also dangerous
“If you tell a lie big enough and keep repeating it, people will eventually come to believe it.”
…Joseph Goebbels
“More than 6,000 healthy children in the U.S. and Canada will be enrolled in the Moderna Covid-19 Vaccine Study for which the benefits to society are nil and the risks unknown.”.
..Citizen Wells
“it is my sincere hope that this public letter might stimulate FDA, Pfizer and Moderna leaders to think critically and quickly about the immunological danger the COVID-19 vaccine might pose to those persons naturally infected by SARS-CoV-2 most especially to those infected who are recently convalescent, asymptomatic carriers, the elderly and frail or those with significant cardiovascular risk factors.”.
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