SCWP Schindhelm COVID-19-Unit

Numerous legal questions arise in connection with the current developments around the outbreak and spread of the Corona virus. The SCWP Schindhelm COVID-19-Unit is comprised of legal experts from the most frequently affected areas of law and keeps you up to date on all current legal issues.

UPDATE Insolvency law - Extension for suspension of the obligation to file for insolvency until 31.10.2020

Due to the amendment of the 2nd COVID-19-Justice-Accompanying Act (announced on 2.7.2020) the period for suspension of the obligation to file for insolvency was extended until 31 October 2020.
Updated: 25th August 2020

Corona makes it possible: partial suspension of antitrust law

Due to the COVID-19 epidemic, the European Commission published special, temporary regulations for cooperation between companies. These were determined on the 8th of April 2020 and primarily concern the pharmaceutical, medical technology and medical supplies sectors. Updated: 9th April 2020

Legal employment opportunities to cope with the Corona-Crisis

The challenges to cope with the economic upheavals caused by the COVID-19 crisis can only be partially solved or overcome with the currently available labour law framework. During the last weeks, several legislative packages (Covid-19 1. to 5.) have been passed, which also provide financial support measures for entrepreneurs. Updated: 8th April 2020

Limitation of default interest and exclusion of collection-costs

The obligation to pay default interest in the event of a default qualifies as a standard legal consequence irrespectively whether or not there is a corresponding contractual clause in place. Such legal consequence comes into effect as an objective as well as a subjective default of a debtor. Updated: 6th April 2020

Company law: profit distributions, general meetings and supervisory board meetings in times of COVID-19

Many companies are already facing significant negative economic impacts caused by the COVID-19-crisis. In some business, losses will often be unavoidable even for otherwise successful companies. Updated: 3rd April 2020

The COVID-19-Accompanying Act on Public Procurement – run of deadlines and preclusion on (early) return

A public contractor who invites tenders for construction, delivery or services contracts usually needs them urgently, at least until a certain date. In practice, public projects to be implemented almost always tend to be subject to more, rather than less urgent time pressure. Updated: 9th April 2020

Delay in Completion because of COVID-19

The COVID-19 pandemic not only poses major challenges for our health care system, but also for the whole economy, regardless of the business sector or size of the company. Our law firm is confronted with an increasing amount of questions about the legal consequences of concluded contracts. Updated: 1st April 2020

Application of competition law during the COVID-19 crisis

On Monday 23rd March 2020 the European competition authorities issued a joint statement on how to ensure the uniform application of European competition law during the COVID-19 crisis. This declaration was published on the homepage of the European Competition Network (ECN). Updated: 27th March 2020

Public procurement law and “Corona” – compatible?

The coronavirus poses enormous challenges to our health, economic and social systems. In order to be able to cope with these challenges, the public authorities are providing resources and funding on a scale never seen before. Updated: 26th March 2020

Credit financing in times of COVID-19

The spread of the coronavirus has far reaching economic effects. The banking industry is a major part of our society. As a result of the social restrictions caused by the coronavirus, borrowers suffer significant losses in sales and earnings or fear the malfunction of their business processes with serious financial consequences. Updated: 24th March 2020

2nd COVID-19-legislation-package

On 20th March 2020 the 2nd COVID-19-legislation-package was passed in the National-Council. In summary, this package contains the following reforms. Updated: 24th March 2020, 2 pm

Rent Payment in the Days of COVID-19

Considering the drastic measures to avoid the spread of COVID-19, there is an increase on (media) reports that tenants would be exempted from their obligation to pay rent because of COVID-19. Updated: 23rd March 2020

COVID-19: Limitation of profit distribution (dividend)

Many companies are already dealing with substancial negative economic effects due to the COVID-19 crisis. In certain industries, the occurrence of losses will often be unavoidable even for normally successful companies. Updated: 20th of March 2020

An Overview of the Corona-Economic-Aid

The "Federal Law on the Establishment of the COVID-19 Crisis Management Fund (COVID-19-FondsG)" was enacted on 16 March 2020. By virtue of this act the COVID-19 crisis management fund ("COVID-19-Fund") was established which is endowed with up to 4 billion euro. Updated: 23th of April 2020

Is the right to have contact with the children and spouses still permitted?

Is the right to have contact with the children and spouses still permitted? Violation of fundamental rights or just legitimate measures?

Legal basis, interpretation and critics: Regulation 98 which is in force since 16th March 2020 includes a prohibition to access public places to prevent the further spreading of COVID-19. Updated: 15th March 2020

Corona and labour-law – Important questions for employers and employees

What are the obligations of employers in the event of a suspicion that an employee in the company is infected with the corona virus? It needs to be clarified whether this suspicion is actually and factually justified. Updated: 12th March 2020