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All Posts By

Bernhard Schmeilzl

Business in GermanyGerman LawGoing to courtStarting Business

Using a German Distributor? Beware of Choice of Law Clause!

What UK Suppliers should know about German Commercial Law You are a UK based supplier using a German-based distribution agent (Handelsvertreter) within Germany? So far, so good. However, in case you have accepted German law to be applicable or if you have chosen to remain silent on the issue of applicable law: Are you aware of what will happen upon termination of the distribution agreement? German law differs significantly from UK law when it comes…
Bernhard Schmeilzl
February 4, 2016
German Law

Apartment Prices in Germany: How to get a quick Overview

Need to rent a flat in Germany? Most expats or students coming to Germany will not buy property but instead lease an apartment. There is good news for potential tenants in Germany: Once you have secured a lease agreement, it is almost impossible for the landlord to kick you out again, due to "Mieterschutz" laws, which protect residential tenants against termination of the lease agreements (more on this here). Also, in 2015, the German Civil…
Bernhard Schmeilzl
January 26, 2016
German ProbateGerman Succession & Inheritance Law

What does a genuine German Certificate of Inheritance look like?

Beware of internet and email scams informing you about an inheritance you have made. If it sounds too good to be true - it is! Every day, thousands of people receive emails from criminals who attempt to defraud them by using the inheritance scam. As a law firm dealing with international probate matters, we receive at least one enquiry per day whether a notification about an inheritance is real or fake. Sometimes, unfortunately, the clients…
Bernhard Schmeilzl
January 19, 2016
Civil actionGoing to court

German Litigation Experts explain Civil Procedure Rules

How to win civil lawsuits in Germany Court procedures in Germany follow very different rules compared to Britain and the USA. There is, for instance, no pre-action protocol, no pre-trial discovery, no need for written witness statements, no direct examination of witnesses by the lawyers and - of course - no jury. Instead, there is a very extensive exchange of written statements to the court, followed by an -- in most cases comparatively brief --…
Bernhard Schmeilzl
December 23, 2015
Civil actionGoing to court

High Court orders Kentaro Managers Grothe and Huber to pay EUR 1m

Update 2016: High Court Munich has ordered Grothe and Huber to pay an additional 1 million Euro Original post from October 2015: In a 2009 press release, Kentaro described themselves: "As one of the world’s leading sports rights agencies, Kentaro markets the media rights of more than 20 international football federations, including England, Sweden and the USA, as well as over 30 top European soccer clubs, such as Chelsea, Arsenal and Liverpool." (Kentaro_Press_Release_2009) Well, the…
Bernhard Schmeilzl
October 26, 2015
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Don’t be afraid of Clients with Foreign Assets!

Crash Course for UK Inheritance Lawyers: Will Preparation for International Families and Expats. Obtaining Foreign Probate Solicitors working in the field Wills & Probate, sooner rather than later, are faced with clients who own foreign assets, are married to non-British spouses or are sent abroad as expats by their employers. These international clients, in most circumstances, will rely on their Will to also cover their non-UK assets and to function in foreign jurisdictions, i.e. the…
Bernhard Schmeilzl
October 20, 2015
German Corporate Law

What is an “eingetragener Verein” (e.V.) under German Law

Ho to establish a German Non-Profit Organisation Most businesses in Germany are organised either as corporations (GmbH or AG) or as partnerships (GBR, OHG, KG, PartG), for an overview see here. Sometimes, however, one comes across organisations which have the letters "e.V." after their name. This stands for "eingetragener Verein" meaning "registered association". An e.V. under German law is a Körperschaft (corporation), which is defined as being a legal entity which is separate from its…
Bernhard Schmeilzl
October 13, 2015
German ProbateGerman Succession & Inheritance LawGerman Tax Law

International Wills and Estate Planning for British-German Families

... and the big misunderstanding regarding the "choice of inheritance (tax) law" Drafting a Will is no easy matter. It gets even more complicated if you are a mixed-nationality family, if you have assets in more than one country or if you have more than one residence. This posting explains the basic rules of estate planning for British-German spouses or families. With international inheritance cases and estate planning one must always strictly distinguish between two…
Bernhard Schmeilzl
July 24, 2015
Family LawGerman Succession & Inheritance Law

Living Will and Enduring Power of Attorney under German Law

How to set up Advance Directives for Medical Treatment under German law In Germany, it is rather common to set up a Power of Attorney (Vorsorgevollmacht) and/or a Living Will (Patientenverfügung). The formal requirements for both are quite simple. Whereas a Last Will (Testament) must either be written in the testators own hand or must be recorded in the presence of a German notary (details here), both an Enduring Power of Attorney as well as…
Bernhard Schmeilzl
July 23, 2015
Family Law

Challenging Paternity in Germany and the UK: Very Different Procedures

Am I really the father? How can I find out? Paternity tests under German law Imagine you get to know a woman at the birthday party of your best friend; it is love at first sight. A whirlwind romance begins and you decide to get married. Then your wife gives you the happy news that a child is under way.  After your child is born, your sweet little baby looks like the spitting image of…
Bernhard Schmeilzl
July 10, 2015