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#HOT-TOPICS
Hot Legal Topics
Laws, BGH rulings, and trends in litigation funding & legal tech.
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) Adopted: The Bundesrat gave its final approval on 10 July to the widely debated legislation [1, 2]. The Act governs the replacement of heating systems and introduces new standards for homeowners, creating significant advisory potential and the prospect of legal disputes given the uncertainties 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-cutting measures which, according to expert assessments, will result in higher costs for publicly insured individuals, affecting millions of consumers [5].
- Age Limits for Social Media: An EU expert report recommends banning children under the age of 13 from accessing social media platforms [6]. The European Commission plans to put forward a concrete regulatory proposal on this matter following the summer recess, which could have far-reaching implications for platform operators and child protection litigation [6].
- Ban on Bisphenol A: A ban on the substance of concern Bisphenol A in most single-use packaging (e.g. tin cans) enters into force on 21 July [7]. This could form the basis for future liability claims in the event of violations.
Federal Court of Justice (BGH) / Landmark Judgments
- Facebook Data Breach: The Hamburg Consumer Advice Centre notes that the class 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 compensation [9, 10].
- Billion-Dollar Lawsuit Over Social Media Addiction: In the United States, several states are seeking $1.4 trillion in damages from Meta (Facebook/Instagram) in connection with harm to the health of children and adolescents [11]. These proceedings carry significant signal value for analogous initiatives in 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 judicial reckoning with the largest tax fraud scandal in German history.
- Liability in E-Scooter Accidents: The Munich District Court (AG München) held that where the conduct of an e-scooter rider is grossly contrary to road traffic regulations — riding double, under the influence of alcohol, and against the direction of traffic — the inherent operational risk of a colliding motor vehicle is entirely superseded [14, 15].
Trends in Litigation Funding & Legal Tech
- Regulation of Litigation Funders: The state of New Hampshire (USA) has enacted legislation that curtails the regulation of litigation funders, focusing primarily on foreign investors rather than introducing broad supervisory oversight [13]. This reflects a trend towards more nuanced, differentiated regulation of the sector.
- Deadlines in Collective Redress Proceedings: The registration deadline for the class 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 procedural deadlines on behalf of consumers.
- Data Protection Claims Against Tech Giants: New class actions filed in the United States allege that Apple (Safari browser) tracks users through "fingerprinting" despite contrary assurances [17]. Similar proceedings against Motorola (licence plate capture) and MeUndies (data sharing with major advertising networks) illustrate the growing force of mass litigation in the field of data protection [18, 19].