04.

April

HOAI 2009 / 2013: Action to increase rates - also possible for public clients! Federal Court of Justice, decision of 14.02.2024 - VII ZR 221/22 Whether the mandatory minimum and maximum rates of the HOAI 2009/2013 may still be applied by German courts after the decision of the European Court of Justice (ECJ, judgment of 04.07.2019 - Case C-377/17) heated up the minds of clients and [...].

24.

March

BGH: Contractual penalty clause with reference to net order amount in unit price contract is invalid! BGH, judgment of February 15, 2024 - VII ZR 42/22 The BGH has once again classified a contractual penalty clause designed as a general terms and conditions as invalid. This concerns provisions in unit price contracts that link the contractual penalty to the net order amount. The BGH considers this to be an unreasonable disadvantage for the contractor, cf. 307 para. [...]

06.

February

Change in case law! OVG says no! No floor plan change in milieu protection! Higher Administrative Court Berlin Brandenburg, judgment of 14.12.2023 - OVG 10 B 19.19 preceded by Administrative Court Berlin, judgment of 31.10.2019 - 13 K 19.16 (annulled). After the 13th Chamber of the Berlin Administrative Court was unable to recognize any risk of displacement in a specific case of a change of floor plan and ordered the district (Pankow) to issue the milieu protection [...].

28.

December

Attention! New company register for GbRs from 01.01.2024! From 01.01.2024, civil law partnerships should be entered in the company register in good time before planned transactions. Although the entry of a GbR in the company register is voluntary, pre-registration is mandatory if a GbR is to dispose of or encumber a property belonging to it from 01.01.2024 [...].

20.

April

BGH has decided: The reservation fee in brokerage contracts is invalid! Broker must pay back reservation fee! BGH, judgment of 20.04.2023, Ref.: I ZR 113/22 The I. BGH Senate responsible for brokerage law has ruled that the obligation of a prospective buyer to pay a reservation fee in the event that the purchase does not take place, as specified in general terms and conditions, is invalid. This [...]

19.

December

Addenda can be secured with construction workman's collateral! BGH, judgment dated 20.10.2022 - VII ZR 154/21 § 648a BGB a.F.; § 650f BGB The demand for a construction work security pursuant to § 648a BGB a.F.; § 650f BGB is a sharp sword for the contractor. The building contractor can demand such a security from his client in the amount of the outstanding remuneration [...]