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Update – Germany tightens energy efficiency requirements: New challenges for companies and data centers

On 21 September 2023, the German Parliament passed the heavily discussed German Federal Act on the Increase of Energy Efficiency (Energieeffizienzgesetz – EnEfG) that aims at significantly increasing energy efficiency...more

Germany To Tighten Energy Efficiency Requirements For Buildings, Companies And Data Centres

In April 2023, the German government proposed new legislation that aims to significantly increase energy efficiency requirements for buildings, companies and data centres. The government’s proposals to ban fossil-based...more

German Federal Court of Justice ruling: no blanket rent cut for pandemic related business closures

With its ruling passed on 12 January 2022, the German Federal Court of Justice (Bundesgerichtshof; BGH) upheld the appeal brought against the judgment passed by the Higher Regional Court (Oberlandesgericht; OLG) of Dresden...more

The new coalition agreement in Germany is in place - What are the likely effects for the real estate industry?

The 177-page coalition agreement of the three parties set to form the new government in Germany provides for numerous innovations in the German real estate sector. In future, building and housing is to be affordable,...more

BVerwG: The principle of social conservation is not boundless – Exercising municipal pre-emptive rights in Berlin

With its ruling passed on 9 November 2021, the German Federal Administrative Court (Bundesverwaltungsgericht; BVerwG) has put the brakes on the increasingly popular practice among local authorities across Berlin of asserting...more

The Berlin preliminary decision: Can housing companies be expropriated?

For some time now, Berlin has been experiencing a shortage of affordable and socially subsidized housing. ...more

Federal Constitutional Court overturns "Berlin rent cap"

The Federal Constitutional Court (decision of the Second Senate of 25 March 2021, Ref. 2 BvF 1/20, 2 BvL 4/20, 2 BvL 5/20) has ruled that the so-called “Berlin rent cap” is unconstitutional due to lack of legislative...more

Second judgment by a German Higher Regional Court on rental payments during pandemic-related closures – adjustments only possible...

On the same day as the Higher Regional Court of Dresden (judgment of 24 February 2021, case no. 5 U 1782/20), the Higher Regional Court (Oberlandesgericht; OLG) of Karlsruhe (judgment of 24 February 2021, case no. 7 U 109/20)...more

Higher Regional Court judgement: risk-sharing between landlord and tenant as a result of the pandemic-related closures

On 24 February 2021, the Higher Regional Court (Oberlandesgericht) of Dresden (judgment of 24 February 2021, case no. 5 U 1782/20) took a stand on risk-sharing between landlord and tenant as a result of the pandemic-related...more

Covid-19 Update: Act to further shorten the residual debt discharge procedure

The German Federal Parliament approved the government draft bill for an “Act to further shorten the residual debt discharge procedure” (Federal Parliamentary Doc. 19/21981, 19/22773) on 17 December 2020 in the version of the...more

Covid-19 Update: New Lockdown - Effects of the Federal-State Resolution of 13 December 2020 on the Commercial Rental Law

On 13 December 2020, the Federal Chancellor and the Prime Ministers of the Federal States again decided, in view of the current development of the Covid-19 pandemic, to impose far-reaching measures for contact restrictions....more

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