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Noerr Corona Crisis Center

Noerr Corona Crisis Center

Noerr

The spread of the coronavirus is confronting companies with many challenges: with respect to employees, customers, suppliers, investors and financing partners. The issues involved include employment, financing, capital markets, data protection and contract law as well as m&a, export control, healthcare and ongoing litigation and tax proceedings. The Noerr Corona Task Force provides answers.

General medical information on the issue coronavirus can be found here:
Germany: Robert-Koch-Institut
Europe: ECDC – European Centre for Disease Prevention and Control
Worldwide: WHO – World Health Organisation

Germany

Corporate Finance/Financial Measures by Government

    • European Commission approves German EUR 500 billion Economy Stabilization Fund
    • Start-ups and coronavirus: Convertible loans as a financing instrument in the coronavirus crisis
    • European Commission amends State aid framework to encourage private participation in recapitalisation measures and extends support measures to small enterprises
    • European Commission sets State aid framework for public recapitalizations and subordinated debt
    • State support for start-ups during the coronavirus crisis – Update to the €2 billion assistance package for start-ups
    • State support for start-ups during the coronavirus crisis
    • Act on the establishment of an economic stabilisation fund 
    • Aid from the German federal and state governments at a glance
    • European Commission adopts Temporary Framework for State aid measures to support corona pandemic affected economy
    • Financing guide – coronavirus
    • The European Commission’s response to Corona under EU State Aid rules
    • National and European measures to reduce the economic impact of the coronavirus crisis

 

Employment Law/Short-time compensation

    • Possibilities of easing Covid protection measures for companies with a fully vaccinated or recovered workforce
    • No leave can be reclaimed for Covid quarantine - Can companies recover incorrectly authorised days of leave?
    • Covid-19 tests in companies: When are employers required to test employees and when are they allowed to?
    • The SARS-CoV-2 Occupational Health and Safety Regulation - Home office obligation light
    • Supervisory board elections in times of the coronavirus pandemic
    • The (temporary) future of labour courts – No revolution after all – an update
    • Increased short-time work compensation - A challenge in practice?
    • Employment-law aspects of restarting after lockdown – Part 1
    • Employment-law aspects of restarting after lockdown - Part 2
    • The (temporary) future of labour courts – Could Covid-19 drive the digitalisation of the labour court system?
    • Employer and works council in the coronavirus crisis: Lonely together? – Feasibility of implementing co-determined measures during the current pandemic
    • Covid-19 / financial support for employees in the event of school and nursery closures
    • Selected employment law Q&As - Country Report
    • The coronavirus infects the German labour market
    • The coronavirus reaches the German labour market

 

Insolvency Law/Moratoriums

    • Moratorium in lending law due to the Covid-19 pandemic – Outstanding legal issues and recommendations to lenders for practical implementation
    • Law to mitigate the consequences of the Covid-19 pandemic in civil, insolvency and criminal procedure law

 

Capital Markets/M&A

    • One year of M&A transactions and company purchase agreements during the Covid crisis - What we have learnt
    • Due diligence in M&A transactions in the Covid-19 pandemic
    • The new EU Recovery Prospectus - Raising equity capital simplified in times of crisis
    • Germany’s Investment Control Response to Covid-19 - Further tightening planned for the health sector
    • Public Takeovers during the Covid-19 Pandemic
    • In the wake of the Covid-19 pandemic: Germany considers prohibition to close transaction pursuant to foreign direct investment control regime
    • Restructuring corporate bonds during the crisis
    • European Commission calls for more protection of critical European assets from foreign investors following corona pandemic
    • Impact of the coronavirus pandemic on M&A transactions subject to merger control
    • Corona crisis as a legal challenge for the annual general meeting 2020/2021
    • Corona crisis on the capital markets – what you should check now
    • Transactions in times of corona: the return of the MAC?

 

Tax

    • Corona Tax Assistance Act passed by Bundesrat; governing coalition agrees on further tax measures in stimulus package
    • Effects of the coronavirus pandemic on commercial accounting
    • German fiscal authorities respond to corona pandemic by offering tax relief for affected companies

 

Supply Chain/Force Majeure

             
    • Hardship clauses in international contracts during the Covid-19 pandemic
    • Impossibility and force majeure – possible legal implications of the Coronavirus epidemic       

 

Regulatory 

    • “Wave-breaker” shutdown in effect - new legal basis planned
    • Corona pandemic: developments in German antitrust law
    • New intervention powers of public authorities for obtaining urgently needed medical products - application unclear
    • Relaxation of coronavirus restrictions – risk of a regulatory patchwork and unequal treatment
    • Public procurement in relation to the coronavirus pandemic
    • All EU competition authorities jointly address application of competition law during Corona pandemic
    • The European Commission shows regulatory flexibility due to Covid-19 – Medical devices and PPE can currently be marketed even without CE marking!
    • Restrictions on the export and movement of medical protective clothing due to coronavirus

 

Risk Management & Data Protection

    • Insurance coverage for cyber risks resulting from increased home-office activities due to the coronavirus
    • Event cancellation in connection with the coronavirus- The scope of event cancellation insurance coverage
    • Compensation for business closures unlikely as the law now stands -  but not ruled out for hard-hit sectors
    • Effectively securing and enforcing claims in court despite the negative effects of the new coronavirus
    • The coronavirus and insurance cover for business interruption
    • Closure of business facilities by administrative order due to the coronavirus
    • Data protection and coronavirus prevention

 

Real Estate

    • Security for leases during the coronavirus pandemic - a lifeline for landlords?
    • Does the coronavirus pandemic threaten forward deals and forward leases?
    • Construction contracts and project development in the time of coronavirus 
    • Changes in tenancy law as a result of the Covid-19 pandemic
    • Impact of the corona crisis on the obligation to pay rent       
             

Financial Institutions

    • Coronavirus reaches the financial sector

CEE

Regional Updates

  • Selected healthcare measures
  • Impact of Covid-19 on SPAs
  • Selected employment matters II
  • Insolvency considerations, insolvency moratorium
  • How strong and reliable are lease agreements in the coronacrisis
  • Selected employment matters
  • Selected corporate matters
  • Financial state support in COVID-19 crisis
  • Moratorium on loans

Czech Republic

  • Bill to protect key companies from foreign direct investment
  • Coronavirus - Lease contracts
  • Update on employment government support measures 1 April
  • "COVID II" state aid programme provides state-secured loans
  • Coronavirus - Liquidity concerns
  • Coronavirus - Insolvency considerations
  • Changes for employers in the context of the coronavirus crisis
  • Business closure compensation
  • Press briefing on planned employment government support measures
  • Corporate matters in the context of the coronavirus crisis

Hungary

  • Hungary will close its borders from 1 September
  • Stricter rules on foreign investments in strategic sectors
  • State Aid for employment in reduced working time – Summary of the modified rules
  • Covid-19 Crisis Subsidy
  • Shareholders’ meeting and approving the annual report during State of Danger
  • Coronavirus - Insolvency considerations
  • Capital measures - managing capital shortfalls amid the coronavirus crisis
  • GDPR guideline in the context of the coronavirus crisis
  • Employer’s guide in the context of the coronavirus crisis
  • The legal consequences of the coronavirus for the performance of the contracts. “Force majeure”

Poland

  • New financial burdens for vaccine distributors
  • Simplified restructuring proceedings - how to survive epidemic
  • Virtual shareholders meetings
  • Participating electronically in shareholders’ meetings and general assemblies
  • Package for capital markets - implemented and proposed solutions (Covid-19)
  • Insolvency and restructuring proceedings - update on the legal status (Anti-crisis shield 2.0)
  • Insolvency and restructuring proceedings - legal status (standard provisions, related to Covid-19, and planned regulations)
  • Short guide on how to surive the pandemic - restructuring instead of bankruptcy
  • Restructuring instead of bankruptcy - a chance for companies to survive the Covid-19 pandemic
  • Anti-crisis shield (Covid-19) - legal solutions for the real estate industry
  • Anti-crisis shield (Covid-19) - general overview
  • Covid-19 and its impact on the justice system
  • Capital measures - managing capital shortfalls amid the coronavirus crisis
  • The Covid-19 pandemic and lease agreements
  • Covid-19 - Impact on obligations under financial instruments
  • Disruption of services and supply chains
  • How the Covid-19 pandemic may affect borrowers
  • Coronavirus - Information for employers

Romania

  • Measures to stimulate employment growth in the context of Covid-19
  • The latest legal relief regarding deferral of rental payments
  • Work during the state of alert
  • Measures in the field of insolvency against the background of the state of alert
  • Romanian government introduces new tax allowance
  • Failure to comply with measures ordered in the context of the state of alert
  • New tax facilities adopted by the Romanian Government
  • Measures and obligations during the state of alert at national level
  • Temporary rules on holding general meetings under social distancing requirements
  • New tax amnesty announced by government
  • New regulations on deferral of rental payments during the state of emergency
  • Additional tax measures adopted in the context of Covid-19
  • Update on importance of obtaining an electronic signature during the state of emergency
  • To pay or not to pay? Rent in the light of the Covid-19 pandemic under Romanian law
  • Moratorium on loans
  • New tax measures in response to COVID-19
  • New set of measures to fight the spread of the COVID-19 pandemic
  • Recent statement from the Romanian Competition Council
  • Draft law on a loan moratorium
  • Importance of obtaining an electronic signature during the state of emergency
  • Updates on paid leave for parents
  • Update on tax measures in response to COVID-19
  • Government subsidies for employers
  • Limitation and prescription periods in the context of the state of emergency
  • Possible amendment of the Romanian Criminal Code due to the pandemic situation created by the new Coronavirus
  • Deadline for filing an ultimate beneficial owner statement for 2020
  • Emergency measures during the COVID-19 pandemic - Requisition of movable and immovable property
  • New employment law – nanny allowance
  • New employment law – paid leave for parents in emergencies
  • Legal implications of “force majeure” and “hardship” as regards COVID-19
  • Antitrust law in challenging times
  • GDPR in the context of the coronavirus crisis
  • Employment measures during extreme conditions
  • Measures ordered in connection with the new coronavirus. Criminal implications for companies
  • Criminal implications of measures ordered to prevent infection with the new coronavirus

Russia

  • Russian stimulus package for system-forming organizations
  • Compliance in Russia: Seven lessons from recent anti-bribery enforcement
  • Russian Trademark Office remains operational, but certain deadlines will be extended
  • Russian Supreme Court clarifications on COVID-19
  • Coronavirus crisis in Russia: Charitable contributions and compliance risks
  • Noerr Corona Crisis Center: Executive Summary for Russia 17 April 2020
  • Russia: COVID-19 digital passes for Moscow and Moscow Region
  • The Russian government introduces a moratorium on bankruptcy
  • Compliance in Russia: Recommendations during the coronavirus crisis
  • Leases in Russia: How Corona Crisis Gives Tenants Options to Improve their Leases
  • Russia: Corona Crisis – Legal Issues
  • Russia – Competition Authority in Corona Mode
  • Russia: prolongation of non-working period due to COVID-19
  • Russia: Covid-19 - temporary restrictions on communication with the Russian Trademark Office
  • Russia: COVID-19 and corporate housekeeping - Update
  • Russia: Annual shareholders’ meeting and COVID-19 impact
  • Privacy aspects of Covid-19 in Russia
  • Russia: legal requirements for home office work
  • COVID-19: Q&A on Russian employment law issues
  • Russian tax support measures due to СOVID-19

Slovakia

  • Consecutive Fixed-Term Employment Contracts and “Pandemic” Childcare Allowances
  • Covid-19 – Employment aid project
  • Measures to avert insolvency and ban on termination of certain contracts 
  • Insolvency law (Covid-19) - selected issues
  • Financial help for businesses and self-employed
  • Update on adopted legislative measures
  • Selected adopted legislative measures II
  • Legal implications on the real estate sector
  • Selected legislative measures II
  • Selected corporate matters II
  • Healthcare regulations as response to COVID-19 pandemic
  • GDPR in the context of the coronavirus crisis
  • Corporate overview
  • Employment law measures proposed by the Slovak government in response to coronavirus
  • COVID-19 pandemic and its legal implications on commercial relationships

International

Worldwide

    • Covid-19 Impact on antitrust and enforcement - Covid-19 Global Competition Measures Report (PDF)
    • Corona challenges for multinationals: Worldwide overview on governmental support measures (PDF)
    • Corona challenges and support measures in selected European jurisdictions (PDF)

 

U.S.

    • Current developments in the U.S. - the economic impact of the Covid-19 pandemic

 


United Kingdom

    • Current developments in the UK – the economic impact of the Covid-19 pandemic

Legislative developments

Selected laws

    • Act on mitigating the consequences of the COVID-19-pandemic in civil, insolvency and criminal procedure law (German/English)
    • Act on the Establishment of an Economic Stabilisation Fund (Economic Stabilisation Fund Act – “ESFA”) (German only) 

 

Selected official guidance

    • Tax measures in consideration of the effect of coronavirus (German only) 
    • Identical decrees by the federal states on trade tax measures of the effects of coronavirus (German only) 

 

EU legislation

    • Temporary Framework for State aid measures
    • Amendment to the Temporary Framework for State aid measures

Executive Summary

The most important legal and tax issues at a glance.

Executive Summary

Corona Task Force

Restructuring


Germany:

Dr. Dorothee Prosteder
Dr. Thomas Hoffmann
Dr. Martin Kleinschmitt

Corporate/Capital Markets/Corporate Finance/M&A

Germany:

Dr. Dorothee Prosteder
Prof. Dr. Christian C.-W. Pleister
Dr. Ralph Schilha
Dr. Laurenz Wieneke, LL.M.

CEE:

Barbara Kusak
Dr. Edina Schweizer

Employment & Pensions

Germany:

Dr. Andreas Butz
Dr. Wolfgang Schelling
Dr. Stefan Schwab

CEE:

JUDr. Pavol Rak, Ph.D.

Tax

Germany:

    Dr. Carsten Heinz
    Georg Edelmann
    Peter Scheuch, M.I.Tax
    Ulrike Sommer

    CEE:

    Iulian Sorescu, FCCA, CMC
    Dr. Ádám György Bodor

    Real Estate

    Germany:

    Annette Pospich
    Dr. Dirk Lentfer

    CEE:

    Dr. Zoltán Nádasdy, MRICS
    Paweł Żelich 

    Contracts/Supply Chain

    Germany:

    Dr. Felix Muhl

    CEE:

    Eszter Sieber-Fazakas, LL.M.
    Cristina Stamboli

    Financial Institutions/Insurance

    Germany:

      Dr. Thomas Heitzer
      Dr. Jens H. Kunz, LL.M. (UT Austin)

      CEE:

      Magdalena Lupoi

      Antitrust & Competition

      Germany/Brussels:

      Dr. Fabian Badtke, LL.M.
      Dr. Fabian Hübener, LL.M.
      Dr. Jens Peter Schmidt

      CEE:

      Rusandra Sandu
      Joanna Szacinska

      Healthcare/Regulatory

      Germany:

      Evelyn Schulz
      Dr. Bärbel Sachs, LL.M.

      CEE:

      Luiza Bedros

      Disputes

      Germany:

      Hans Christian Kirchner
      Dr. Tobias B. Lühmann

      CEE:

      Alexandru Ene

      IT/Data Protection

      Germany:

      Dr Daniel Rücker, LL.M.

      CEE:

      Raluca Botea
      Dr. Edina Czeglédy

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