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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.
The Federal High Court (BGH) is used to dealing with some of the most high-profile crimes in the country. But on Friday it announced its ruling on a rather different deliberation - whether it is permissible to trim branches hanging over into one's garden.
The German Federal Constitutional Court Orders the German Legislator to Set Clear CO
2 Emission Reduction Goals Beyond 2030
On 29 April 2021, the German Federal Constitutional Court published a groundbreaking order it already released on 24 March 2021. Following a complaint brought by young climate activists, the Constitutional Court held the 2019 German Federal Climate Change Act as partially unconstitutional.
The Court argued that the Climate Change Act s provisions on national climate targets and annual emission amounts allowed until 2030 are incompatible with the fundamental freedom rights of the plaintiffs. Further, the existing provisions also lack sufficient specifications for further emission reductions from 2031 onwards. The German legislator
Stadt des Bundesverfassungsgerichts: Zweites deutsches Machtzentrum taz.de - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from taz.de Daily Mail and Mail on Sunday newspapers.
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In February 2021, three Higher Regional Courts had to deal with the question of whether and on what legal basis the rents agreed in individual cases are to be temporarily reduced due to the official closure orders during the first lockdown. According to the decisions commented on below, it should be clear that the consequences of the lockdown neither constitute a defect of the lease object nor a case of impossibility, but are to be regulated via the instrument of disturbance of the basis of the contract. However, with regard to the criteria to be applied within the framework of Section 313 of the German Civil Code (BGB), there has not yet been a clear line in the case law of the higher courts.