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GLG News by Securities, Corporate Governance, and M&A Experts: Lawyers (EU, Africa)

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March 27, 2008
Showdown at VW
Analysis of: Fighting returns to VW over Porsche's stake | www.ft.com
Author: GLG Expert Contributor
Volkswagen’s two major shareholders – Porsche and the State of Lower Saxony - are on course for a showdown at the company’s upcoming annual general meeting (AGM) to be held on 24 April 2008. Porsche’s fight with Lower Saxony stems from the so-called “VW law,” parts of which were struck down last year...
February 28, 2008
Germany seeks to protect its companies against foreign government funds
Analysis of: Financial Times Deutschland: EU plant Kodex für Staatsfonds | www.ftd.de
Author: GLG Expert Contributor
More than USD 42 billion was invested by foreign government investors in Germany in 2007 and more than 2.2 million German employees work for companies owned by non-resident government and private funds. In regard to foreign investment funds, a German draft bill would allow the German government to prohibit...
December 14, 2007
Porsche Seeks Full Control of Volkswagen
Analysis of: Porsche to Wait until Holidays End to Take Over Volkswagen | www.nytimes.com
Author: GLG Expert Contributor
The Porsche AG founded a new corporate entity in the legal form of a Societas Europaea (SE), the Porsche Automobil Holding SE, which got registered in November. According to Porsche CEO Wendelin Wiedeking the registration of the Porsche Automobil Holding SE was a prerequisite for Porsche to enhance...
December 11, 2007
Comeback: Leo Kirch Back on Track
Analysis of: Kirch back on the ball with rights deal | search.ft.com
Author: GLG Expert Contributor
Leo Kirch, whose media group collapsed in 2002 in Germany’s then largest bankruptcy, has made a surprising comeback. The media entrepreneur bought the rights to German league soccer on October 9, thereby guaranteeing higher revenues for the league’s various clubs. The deal with Kirch was reportedly...
December 7, 2007
Transrapid Floats Toward Munich
Analysis of: Germany moves toward building high-speed maglev line from Munich to airport | www.iht.com
Author: GLG Expert Contributor
The Transrapid railway system is an ambitious business project with high potential. Unfortunately the German developers were not able to see their modern train run in Germany or Europe as the concept was exported to China and the first track was build to link Shanghai with its airport. Now the high...
December 7, 2007
Siemens Fined in Bribery Scandal
Analysis of: Bribery scandal: Siemens fined 201 million euros | www.heise.de
Author: GLG Expert Contributor
The Siemens group is currently manoeuvring in troubled waters as the bribery scandal finally starts to enter the courtrooms in Germany and abroad. But the payment charges against Siemens are not limited to fines for the punishable misconduct or neglect. The figures for levies on illegally made profits...
November 23, 2007
European Court of Justice to decide on new sports betting cases after the Placanica decision
Analysis of: Two more refferals to the ECJ from the Administrative Court of Giessen | germangaminglaw.blogspot.com
Author: GLG Expert Contributor
Seven German sports betting cases are now pending before the ECJ (one from Cologne, three each from Stuttgart and Giessen). The German courts asked the ECJ whether a national monopoly can be upheld under EU law, if there is no coherent and systematic policy. 
October 18, 2007
Supreme Tax Court: A deferred item must be dissolved if within a tax group the controlling company sells its shares of the subsidiary company
Analysis of: Auflösung passiver Ausgleichsposten bei Organschaft | www.sis-verlag.de
Author: GLG Expert Contributor
This article discusses a remarkable judgment by the highest German tax court. With its decision from February 7, 2007, the Supreme Tax Court contradicted the tax authority’s long standing approach and stated that the regulation contained in section R 63(3) of the Corporate Tax Guidelines (Körperschaftsteuerrichtlinien;...
October 5, 2007
German Supreme Tax Court allowed for the deduction of interest payments on a loan used to finance the acquisition of shares even after the shares are contributed into another corporation
Analysis of: Kein Abzug von Schuldzinsen aus Darlehen zur Refinanzierung einer GmbH-Beteiligung nach deren Veräußerung | vershp.invedaweb.de
Author: GLG Expert Contributor
The heading of this article is phrased as if there where no deduction of interest payments on loans used to finance the acquisition of shares possible under German jurisdiction. But that is not the full story. As it is often the case when it comes to German tax law, things appear to be tricky. That...
October 1, 2007
How to protect documents covered by the legal professional privilege from the European Commission
Analysis of: The Court of First Instance Clarifies the Rules Protecting the Confidentiality of Communications Between Lawyers and their Clients | curia.europa.eu
Author: GLG Expert Contributor
Legal professional privilege in the European Union protects communications with outside lawyers but not with in-house counsel. A new decision by the European Court of First Instance alters and elaborates these rules in ways important to any company doing business in Europe.

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