Germany: BGH issues rulings on corporate law and criminal matters

The German Federal Court of Justice (BGH) has issued several rulings addressing diverse legal matters. In a decision regarding the right to refuse testimony, the court ruled that this right expires if a proceeding against a relative has been definitively discontinued under § 153a StPO and a subsequent prosecution for a felony is ruled out.

In a separate criminal matter, the BGH upheld a six-year prison sentence for a physician in Leipzig. The individual was convicted of 13 counts of fraud involving over 1.4 million euros in false claims to the Bavarian Association of Statutory Health Insurance Physicians (KVB), as well as sexual assault during a medical consultation.

Regarding corporate governance, the BGH clarified the requirements for employee participation in supervisory boards under the Drittelbeteiligungsgesetz. The court ruled that a joint operation (Gemeinschaftsbetrieb) of multiple companies does not automatically mean employees from different entities are counted together to meet the 500-employee threshold required for board participation.

Additionally, the Higher Regional Court (OLG) of Brandenburg ruled that a cost complaint filed by a young defendant was inadmissible, as no further legal remedy was available in the main proceedings.