OBLIGATION TO PAY RENT IN CASE OF BUSINESS CLOSURE DUE TO COVID-19
The XII. Civil Senate of the Federal Court of Justice (BGH) ruled on 12 January 2022 (XII ZR 8/21) on the obligation of a commercial tenant to pay rent in the event of a closure of its retail store due to the Covid 19 pandemic. The plaintiff landlord sought payment of commercial space rent from…
DEAL ANNOUNCEMENT
Disput Hübner provided comprehensive legal advice to Conren Land on the acquisition of the Frankfurt office and commercial building “UTO-Hof” with a total lettable area of around 6,700 m².
LIMITS OF THE ANALOGOUS APPLICABILITY OF SEC. 566 (1) BGB
In its ruling of 27 October 2021 (XII ZR 84/20), the XII. Civil Senate of the Federal Court of Justice (BGH) decided again on the question of the analogous applicability of Sec. 566 (1) of the German Civil Code (BGB). The plaintiff made a claim against the defendant for the surrender of a plot of…
RENT REDUCTION IN CASE OF INCREASED NOISE AND DIRT IMMISSIONS DUE TO NEIGHBORING CONSTRUCTION SITE
The VIII. Civil Senate of the Federal Court of Justice (BGH) confirmed in its ruling of 24 November 24 (VIII ZR 258/19) the previous Senate case law on rent reduction due to external influences, which the landlord himself must accept pursuant to Sec. 906 of the German Civil Code (BGB). An implied agreement of the…
SELF-HELP RIGHT FOR OVERHANGING BRANCHES
In its decision of 16 June 2021 (V ZR 234/19), the German Federal Court of Justice (BGH) ruled that the self-help right pursuant to Sec. 910 para. 1 of the German Civil Code (BGB) is not excluded – subject to contrary restrictions under nature conservation law – because the removal of the overhang threatens the…
Deal Announcement
Disput Hübner provided Conren Land with comprehensive legal advice on the acquisition of an office and commercial building in the center of Düsseldorf.
ASSORTMENT AND COMPETITION PROTECTION
In its decision of 6 October 2021 (XII ZR 11/20), the Federal Court of Justice (BGH) ruled that the obligation of the tenant of a store in a shopping center to operate and keep the store open, as agreed in a standard form contract, does not constitute an unreasonable disadvantage, even in combination with a…
Rent Payment Obligation and Covid-19
In its ruling of 24 September 2021 (30 U 114/21), the Higher Regional Court of Hamm decided that, subject to special contractual provisions, official orders to close a business due to the Covid-19-pandemic do not lead to a reduction in rent pursuant to section 536 of the German Civil Code (BGB), nor do they constitute…
Written Form Requirement
In its decision of 15 September 2021 (XII ZR 60/20), the Federal Court of Justice (BGH) continued its case law on the written form requirement. In the present case, the plaintiff sought termination of the lease agreement because agreements of the parties on the amount of rent reductions, each of which had a term of…
New colleague
We are very pleased to welcome Jennifer Martin to the DisputHübner team as of 15 September 2021 and wish her a successful start. Ms Martin advises in the area of real estate law.