Commercial Law in Germany
We are an independent German Law Firm whose attorneys specialise in the areas of corporate law and commercial law.
We advise business clients, entrepreneurs and private clients with regard to their economic and legal concerns and intentions. We enforce our clients‘ rights before the authorities and in court. Our Clients require individual and high-quality advice. We always strive for legally possible as well as economically viable solutions.
Our Law Firm is a high-quality, commercial law firm with expertise in specific business sectors. Our Law Firm provide tailored and integrated legal services across a wide range of practice areas to German and international clients.
Actual information: A frequently occurring problem is the effectiveness of an agreed pallet exchange in transportation industry.
What is to be considered here?
The pallet exchange represents a separate part of the contract, which is to be seen separately from the actual freight contract. The regulations in a transport order are therefore a mixed contract.
Case law has determined that a pallet exchange may not be included in the transport order within the framework of general terms and conditions. Rather, the prerequisite for effectiveness is that the pallet exchange is regulated within the framework of an 'individual agreement between the parties. In order to effectively agree on a pallet exchange, the parties must therefore negotiate individually in advance about the obligation to exchange pallets. A further prerequisite according to case law is that a separate remuneration is agreed for the pallet exchange. The freight contract must therefore show a remuneration for the actual transport and a remuneration for the pallet exchange.
Are lump-sum compensation claims frequently used? Are these effective?
First of all, it should be noted that this is a compensation claim, which is sought if the pallets are not exchanged or returned. It is therefore a compensation instead of the service according to § 281 BGB. According to the law, however, this can only be demanded if the debtor - in this case the carrier - has been set a reasonable period of time for subsequent performance. Before damages can be claimed, the carrier must be requested once again to hand over the pallets, setting a deadline. Setting a deadline is only dispensable if the carrier has seriously and finally refused to hand over the pallets. This regulation cannot be circumvented by setting a deadline for return delivery in the transport order, after which damages shall be due immediately.
And the flat-rate amounts for the replacement of the pallets?
The inclusion of lump-sum compensation amounts should also be ineffective between entrepreneurs if the carrier is not given the opportunity to prove that the compensation is lower. In order to be effective, the clauses on damages must therefore contain a formulation according to which the carrier is at liberty to prove a lower damage.
areas of activity
- international conducting of law-suits, litigation, court proceedings all over Germany,
- consulting in commercial law, contract law, civil law, purchase law and insolvency law
- recognition (acknowledgement) and enforcement of judgements in Germany
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- consulting, drafting of contracts
areas of legal activity
- hi tech and machines
- fashion and trade
areas of business
- General Civil Law
- Company and Commercial Law, partnerships
- corporate contracts, shareholders value
- general terms of business
- agency contracts
- franchise, distribution and service agreements
- Employment Law
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- insolvency/bankruptcy law (advice before and during proceedings)
- More than 25 years of experience in international debt collection und subsequent court proceedings
- Establishment of branches in Germany
- counseling in German Law provisions
- advice concerning contract forms, terms of trade and General Conditions
Lawyers and associates are fluent in English, French, Spanish and Italian in word and writing.
Our clients are from all over the world like:
International Forwarders Debt Recovery Service
International Freight/Logistics industries, Transport
International Clothing industry, apparel
International Engine building, machine building industry, engineering
Chemical, pharmaceutical industry
construction industry, construction sector
International Service providers, Industry consulting
Personnel recruitment, Recruitment Agencies, Head-Hunting companies, Sales Executives, Sales agents
International IT consulting, IT sector
all claims based on contract law or commercial law
For further questions we are always prepared to support you with detailed information, information on our work and our conditions, fees and charges.
Why to choose our Law Firm?
Our Office combines modern debt collection proceedings (debt collection agency) with subsequent court proceedings if necessary - all proceedings are in one single hand.
Modern back-office: Our office is completely digitized, electronic file-system, online-linkage to a lot of data providing service companies and authorities, online accessibility to the courts and bailiffs in Germany etc.
We are able to represent your interests all over Germany. Our Lawyers are called to every court in Germany.
Fees and costs: It is the guiding principle of our office to cover our fees and costs by the debtor himself ("no cure no pay") in out of court debt collection cases Experience has shown that it is very effective to contact the debtor directly and to force him by staying close to him by telephone. Please take in consideration that very often the refusal of payment indicates a bad financial situation. Objections (f.e. notice of defects) against your claim mostly are assertions to delay payment.
In bankruptcy proceedings, insolvency, you need experience filing the claim to the bankruptcy court, to control and monitor proceedings and the measures taken by the administrator/receiver in bankruptcy.
At each stage of proceedings we inform you about the actual situation, provide you with an update and will advise you in deciding further steps. It is also out of question that we will provide you with background information.
Corporate Law and Company law
We advise companies, founders and shareholders as well as managers and members of supervisory boards in all areas of corporate law / company law, including partnership law.
We provide support in all stages of a company’s existence, from choice of the most suitable legal form, the formation of the company, corporate housekeeping, during times of growth and expansion, in difficult times, with regard to disputes and conflicts, until the termination of the business engagement being it by selling the company, transferring the company to the next generation or by liquidation.
Clients can also count on our expertise in corporate litigations.
Commercial Law and Business Law
We advise clients with regard to commercial law issues in domestic as well as in cross-border contexts. We negotiate and draft all kinds of commercial contracts, such as supply agreements, distribution agreements and joint venture agreements. If necessary, we assert justified claims or defend against unjustified claims.
Moreover, we advise clients with regard to sales agent issues.