All Posts By

Bernhard Schmeilzl

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
Business in GermanyConveyancing GermanyGerman Law

What is an Ausfertigung of a German Notary’s Deed?

Certification and Legalisation of Documents in Germany German law requires important agreements and declarations to be recorded by a Notary (details here). Parties are sometimes confused or even annoyed that they do not receive the original signed document or even a certified copy of the signed deed, but "only" a so called Ausfertigung. According to the Beurkundungsgesetz (German Act on Notarial Deeds) the signed original (Urschrift) remains with the notary (section 45 I BeurkG). The…
Bernhard Schmeilzl
April 21, 2015
German LawGerman Tort LawGoing to courtLitigation in Germany

If you are bitten by a Dog in Germany …

Tort claims based on animal attacks in Germany Animals are unpredictable. Even well-tempered dogs can snap out of the blue. Under German law, the owner (more precisely the keeper, but in most cases owner and keeper are the same person) is legally responsible and financially liable for any damage his/her dog causes (see Section 833 German Civil Code), even if the keeper has done nothing wrong and the animal has never before attacked someone. Therefore,…
Bernhard Schmeilzl
April 21, 2015
Debt collectionGerman Law

For how long can a Creditor demand Repayment of a Loan under German Law?

How does German law treat loan agreements that state no specific repayment date? Germans have the saying "Bei Geld hört die Freundschaft auf" which loosely translates as "it's better not to mix friendship and money matters". Friends or relatives do borrow money though. What often causes problems is that the parties feel uncomfortable about creating a formal, written agreement. The approach tends to be: "We are good friends and trust each other, therefore we do…
Bernhard Schmeilzl
April 8, 2015