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German Corporate Law

Business in GermanyCivil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance Law

Less Cricket. More Baseball!

GrafLegal creates US-German Legal Desk Too much cricket, not enough baseball! That's essentially what our marketing people told us after finding that 65% of all posts on our various law blogs deal with UK-German legal issues, only 35% with USA related topics. We may just have gone a bit too much Downton Abbey on everyone. Enough of that, let's balance the scales! The German law firm for US-German legal matters To start off our US…
Bernhard Schmeilzl
March 29, 2022
Civil actionGerman Corporate LawGoing to courtLitigation in Germany

German Litigation Boutique Graf & Partners fends off EUR 26.5m Claim by UK Manufacturer

German Lawyers Settle 7-Year International Dispute for their German Client For seven years, from 2014 to 2021, a British manufacturing company based in Wales, and a south German constructor of energy plants fought an all out legal battle about whether the wood fired plant designed and built by the Germans in 2013 in Wales, was performing according to the contractual specifications. The UK claimant, a subsidiary of an international group with 14,000 employees, did not…
Bernhard Schmeilzl
May 17, 2021
Civil actionGerman Corporate LawGerman LawGerman Tort Law

Research on German Law

German Law in English Language Obviously, German legal research is easier if you are able to read German. English-language resources are available, but mostly limited to general introductions or very specific special interest topics a German legal scholar has published about in English language. Still, if you are an English speaking lawyer or legal scholar interested in German law in English language, here are some sources you may find helpful: (1) Harvard Law School Library…
Bernhard Schmeilzl
December 30, 2020
Business in GermanyGerman Corporate LawGerman Law

How to Dissolve a German Company

What are the necessary steps to wind down a German company? If the shareholders (Gesellschafter) of a German limited liability company (Gesellschaft mit beschränkter Haftung, in short: GmbH) decide that they no longer have any use for this company, the German GmbH cannot simply be struck from the company register (Handelsregister) right there and then. Instead, in order to protect the creditors, suppliers and employees of said German limited liability company, German company law (Gesellschaftsrecht)…
Bernhard Schmeilzl
September 28, 2020
German Corporate LawGerman Law

German Antitrust Law and Merger Control Rules

Basic Rules of German Antitrust and Merger Control by the German Federal Antitrust Division (Bundeskartellamt) In Germany, the Bundeskartellamt (Federal Antitrust Division) is responsible for supervising and enforcing German competition laws and regulations. Among other tasks, the main responsibilities are merger control within Germany, prevention of illegal German cartels and collusion between major economic players, as well as consumer protection in Germany. Merger Control in Germany The German Antitrust Division (Bundeskartellamt) assesses the effects a potential…
Bernhard Schmeilzl
May 27, 2019
German Corporate LawGerman Law

Individual Custom Software and German Law

How not to become really unhappy with your custom software "Made in Germany" Checklist of Legal Issues around creating Custom Software in Germany If you are planning to have custom software created for your company in Germany, you should first consider a few important things. Here's a checklist from the perspective of German IT law expert Stephan Hendel: What is individual or custom software? Individual or custom software is software that has been created for…
Bernhard Schmeilzl
May 24, 2019
Business in GermanyCivil actionGerman Corporate LawGerman Tort LawStarting BusinessStarting or Expanding Business

Director’s Duties and Liabilities under German Law

What are the Duties of Directors of German Companies (GmbH) and Corporations (Aktiengesellschaft)? Obviously, pretty much all over the world, company directors and CEO’s have a general duty to be loyal, diligent and conscientious in managing the affairs of their company. This is also the case under German law. Directors and CEOs have to bear in mind what is best for the business and act accordingly. In this regard, German courts do apply an objective…
Bernhard Schmeilzl
June 22, 2018
Business in GermanyCyberlawGeneralGerman Corporate Law

Google Analytics vs. GDPR – is that even possible?

We are currently receiving many inquiries from uncertain clients regarding the new General Data Protection Regulation (GDPR). During an initial analysis of the homepage, it immediately becomes apparent that most clients use an analysis tool - mostly Google Analytics or Matomo (formerly Piwik). Such tools are useful and indispensable for good online marketing. But now the question arises: to what extent can these tools still be used to be compliant with the GDPR? Admittedly, we…
Bernhard Schmeilzl
May 20, 2018
Business in GermanyCyberlawGeneralGerman Corporate Law

Data Protection and German Businesses: New GDPR 2018 will cause a Flood of Lawsuits

Company Managers and British Parent Companies of German Subsidiaries better take this issue very seriously, because the German version of the GDPR is much stricter than the GDPR rules as applied in the UK. So if you are running a business in Germany, you should ensure that your German company is in full compliance. For instance in accounting and human resources. Because the German business mentality is to torture competitors with costly cease and desist…
Bernhard Schmeilzl
May 6, 2018
Business in GermanyCivil actionGerman Corporate LawGerman LawGoing to courtLitigation in GermanyStarting Business

Harsh “Unfair Competition” Rules in Germany

The German Habit of sending out Cease and Desist Letters to Competitors When you start trading in Germany you may be in for unpleasant surprises. The first letter your German subsidiary receives may likely be a formal cease and desist notice sent by your competitor's lawyers. Why? Because under German unfair competition laws, every business has the right to formally demand competitors to fully comply with any and all German laws. And there are many…
Bernhard Schmeilzl
January 25, 2018