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06.
February
Change in case law! OVG says no! No floor plan change in milieu protection!

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 [...].

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28.
December
Attention! New company register for GbRs from 01.01.2024!

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 [...].

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20.
April
BGH: Broker must pay back reservation fee!

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 [...]

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19.
December
Addenda can be secured with construction craftsman security!

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 [...]

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06.
December
Transfer of real estate - From next year it may become significantly more expensive

Transfer of real estate - From next year, it may become significantly more expensive The valuation rules for gifts and inheritances of real estate are to be significantly tightened according to the current draft of the Annual Tax Act 2022, which is to apply from January 1, 2023. Anyone wishing to transfer their real estate free of charge, in particular by way of anticipated succession, should therefore work with [...]

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18.
January
MO45LEGAL | ECJ on compliance with the mandatory price law of HOAI 2009/2013

ECJ on the mandatory price law of HOAI 2009/2013: German courts can, but do not have to apply! ECJ, Judgment of 18.01.2022, Ref.: C-261/20 - Case Thelen Technopark Berlin After the European Court of Justice (ECJ) in its judgment of 04.07.2019 (Ref.: C-377/17 - link to judgment) in the infringement proceedings against the Federal Republic of Germany found that the national mandatory price law of [...]

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