Hot Legal Topics — Tuesday

Period: Last 4 days (Fri–Mon, 10 July 2026 – 13 July 2026)

New Legislation / EU Directives

• Building Modernisation Act (Heating Systems Act) enacted: The Bundesrat gave its final approval to the controversially debated legislation on 10 July [1, 2]. The Act governs the replacement of heating systems and establishes new standards for homeowners, carrying significant advisory potential and the prospect of future litigation given the ambiguities surrounding its implementation [3, 4].
• Healthcare Austerity Package: Also on 10 July, the statutory health insurance reform passed the Bundesrat [1]. The reform provides for cost reductions which, according to expert assessments, will result in increased costs for those covered by statutory health insurance, affecting millions of consumers [5].
• Age Limits for Social Media: An EU expert report recommends restricting access to social media for children under the age of 13 [6]. Following the summer recess, the European Commission plans to table a concrete legislative proposal that could have far-reaching implications for platform operators and child protection litigation [6].
• Ban on Bisphenol A: With effect from 21 July, a ban on the substance of concern bisphenol A in most single-use packaging (e.g. food cans) enters into force [7]. This may serve as the basis for future liability claims in the event of infringements.

Federal Court of Justice (BGH) / Landmark Judgments

• Facebook Data Breach: The Hamburg Consumer Advice Centre notes that the collective redress action against Meta arising from the 2021 data breach remains ongoing [8]. Notwithstanding proceedings pending before the Court of Justice of the European Union, affected German users may continue to join the action in order to claim damages [9, 10].
• Trillion-Dollar Lawsuit over Social Media Addiction: In the United States, several federal states are seeking damages of 1.4 trillion dollars from Meta (Facebook/Instagram) in connection with harm caused to children and adolescents [11]. These proceedings carry significant signal value for analogous efforts within Europe.
• Cum-Ex Case Law: The Federal Court of Justice (BGH) confirmed as final the conviction of a cum-ex key witness to a suspended sentence [12, 13]. This consolidates the legal reckoning with the largest tax fraud scandal in German history.
• Liability in E-Scooter Accidents: The Munich Local Court (AG München) held that where an e-scooter rider engages in grossly traffic-unlawful conduct — riding as a pair, under the influence of alcohol, and against the direction of traffic — the operational risk (Betriebsgefahr) of a colliding motor vehicle is entirely displaced [14, 15].

Trends in Litigation Funding & Legal Tech

• Regulation of Litigation Funders: The state of New Hampshire (USA) has enacted legislation that narrows the regulatory framework applicable to litigation funders, focusing primarily on foreign capital providers rather than introducing broad-based oversight [13]. This reflects a trend towards differentiated regulation within the sector.
• Deadlines in Collective Redress Proceedings: The deadline for registration in the collective redress action against ExtraEnergie GmbH — brought in connection with substantial price increases — expired on 13 July 2026 [16]. This underscores the importance of legal tech platforms in monitoring limitation and registration deadlines on behalf of consumers.
• Data Protection Claims Against Tech Giants: New class actions in the United States allege that Apple (Safari browser) renders users trackable through "fingerprinting" notwithstanding representations to the contrary [17]. Comparable proceedings against Motorola (licence plate capture) and MeUndies (data sharing with major advertising networks) further illustrate the growing effectiveness of mass litigation in the field of data protection [18, 19].