“We are no longer at peace – we are under daily attack.” – Lieutenant General André Bodemann

Germany is increasingly the target of low-threshold (hybrid) attacks. These range from disinformation and espionage to sabotage. Critical infrastructure is frequently affected – such as energy and water supply, transportation, and information and communication technology. As a result, the resilience of companies, particularly those operating critical infrastructure, is coming into sharper focus in legal regulations. This is reason enough to examine to what extent businesses in Germany are currently and will in the future be held responsible for protecting themselves against such attacks and responding appropriately.

The European defence industry is undergoing profound strategic transformation. Just last week, the Commission has published its White Paper for European Defence Readiness 2030, attesting “changes of a magnitude not seen since 1945” and boldly stating: “History will not forgive us for inaction.” This shift has also been felt in competition law. Recent policy discussions suggest that the traditional approach to competition enforcement — focusing primarily on market dynamics and consumer welfare — may evolve to incorporate additional considerations, in particular defence interests.

In view of the increasingly acute threat situation, driven in particular by growing doubts about the US' loyalty to NATO and the resulting restriction of the conventional and nuclear deterrence, the question arises: How well prepared is Germany for a further escalation of conflicts, especially that with Russia? Should asymmetric warfare - including against Germany - have even more far-reaching consequences, what legal instruments are available to the state in order to remain capable of acting in an external or internal emergency (innerer oder äußerer Notstand)? This briefing sheds light on the security and precautionary laws (Sicherstellungs- und Vorsorgegesetze), which have been rather neglected to date, and which (should) provide the necessary instruments for such situations.

Trump is back and so are his tariffs (see our previous briefing on his return to office). As the EU has once again entered his crosshairs, the trading bloc is gearing up to defend its economy. For instance, President Trump has announced 25 % tariffs on steel and aluminium imports (set to kick in early March) as well as “reciprocal” tariffs, likely implying tariff hikes to match trading partners’ tariff rates for US goods. Meanwhile, domestic EU industries are already under considerable pressure, notably due to Chinese imports such as electric vehicles (EVs).

On the third anniversary of Russia's large-scale invasion of Ukraine, the EU has once again tightened its sanctions regime against Russia and Belarus. The most important amendments concern Regulation (EU) No 833/2014 (the Russia Regulation) and Regulation (EC) No 765/2006 (the Belarus Regulation). The respective amending Regulation (EU) 2025/395 and Regulation (EU) 2025/392 introduce additional and largely parallel restrictions on Russia and Belarus. While the extension of sanctions against the Russian “shadow fleet” or the import ban on Russian aluminium was already reported in the press, the sanctions package includes additional measures that deserve closer attention. We detail the most important aspects of these changes below.

Up until this point, there has been a strong emphasis on collaboration and unison for the EU and U.S. sanctions issued to address Russia’s aggression towards Ukraine. Now, while U.S. sanctions will not disappear overnight, there appears to be some increasing daylight in the approaches taken by the U.S. versus the EU, chiefly due to the new Trump administration’s dramatic shift in foreign policy and diplomacy. We provide highlights of the changed dynamics and potential trajectory for U.S. sanctions with respect to Russia below.

Im Dickicht des Außenwirtschaftsrechts fliegt so manches Regelwerk „unter dem Radar“ – so auch die Verordnung (EU) 649/2012 (PIC-Verordnung) über die Aus- und Einfuhr gefährlicher Chemikalien. In dieser Ausgabe unserer ESG-Briefing-Reihe stellen wir die Anforderungen an den Ex- und Import gefährlicher Chemikalien im Überblick dar.

As previously announced, BLOMSTEIN is publishing a series of briefings introducing into European and German legal defence matters.

Today’s briefing focuses on regulatory topics that might occur in relation to the investment and ramp-up phase of startups. These issues refer to export control, public procurement and foreign direct investment control law.

New federal parliament elections are due to be held in Germany on 23 February 2025. In light of the multiple international challenges, national security and defence is one of the key issues. This briefing provides an overview of the content of the election manifestos of the main political parties on the topics of the Bundeswehr, its financing and the defence industry.

Am 15. Januar ist das 4. Maßnahmenpaket zur Beschleunigung und Optimierung der Exportkontrollverfahren des Bundeministeriums für Wirtschaft und Klimaschutz (BMWK) und des Bundesamts für Wirtschaft und Ausfuhrkontrolle (BAFA) in Kraft getreten. Zielsetzung des Maßnahmenpaketes ist es, durch die Erweiterung bestehender bzw. die Einführung neuer allgemeiner Genehmigungen zur Ausfuhr bzw. Verbringung bestimmter Rüstungs- und Dual-Use-Güter die Anzahl anhängiger Genehmigungsanträge beim BAFA deutlich zu verringern. Zugleich sollen jene Anträge, die eine umfassende Einzelfallprüfung erfordern, schneller bearbeitet werden.

The European economy is under mounting pressure from China's rapid technological advances and industrial policy, trade uncertainties linked to the new Trump administration in the USA, and growing geopolitical instability, which impact the competitive landscape in several global markets and increase disruption risks in supply chains. In this challenging economic and political climate, enhancing the competitiveness of European businesses and reinforcing the resilience of the Single Market have become key political priorities, as outlined in the European Council's Budapest Declaration on the New European Competitiveness Deal.