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All Posts By

Bernhard Schmeilzl

Uncategorized

Enforcing Foreign Judgments in the UK in Proceedings commenced on or after 10 January 2015

Procedure under the Recast Brussels Regulation The enforcement provisions in the Recast Brussels Regulation will apply to the enforcement in England and Wales of judgments from other EU member states in proceedings instituted on or after 10 January 2015. One of the most important changes made on that date by the Recast Brussels Regulation was the abolition of exequatur, or the declaration of enforceability, which had to be obtained in the enforcing state under the…
Bernhard Schmeilzl
February 4, 2015
Criminal Law

Arrested for Cannabis Possession in Germany?

Criminal Prosecution for Drug Violations in Germany In principle in Germany, the possession of even the smallest amount of illegal drugs is a criminal offence and will be prosecuted. In practice, however, German police and prosecutors use a pragmatic approach: for Cannabis (Marijuana) there is an unofficial threshold of (depending on where you were caught) anywhere between 5 grams (in very strict and conservative German states like Bavaria) and 10 grams (in more permissive states…
Bernhard Schmeilzl
February 4, 2015
Uncategorized

German Wills: Does the Writing need to be in Capitals or can it be joined up?

Compared to English Wills a German style Will is shockingly short (see here) and it is either hand written by the testator him-/herself or recorded before a German notary (details see here). We are often asked whether the writing needs to be in capitals or whether it can be joined up.The answer is: The German will should be in the natural handwriting of the testator. The whole point of the holographic will is to prove…
Bernhard Schmeilzl
February 2, 2015
Family Law

How to Divorce a German (and where)

Reliable Expert Information on British-German Family Law from International Divorce Lawyers When a British-German or a US-German marriage starts to go south, the smart thing for each spouse to do is to get professional advice early on regarding what the differences would be if the divorce proceedings were carried out in England as compared to the divorce taking place in Germany. Which country's courts have jurisdiction over an international divorce is rather complicated and sometimes…
Bernhard Schmeilzl
January 30, 2015
German LawGerman ProbateGerman Succession & Inheritance Law

Prove German Wills for English Probate

Are German wills recognised in Britain? To an English lawyer, a German style will is shockingly short and informal. Typical wording in a German will would be: "Testament: I appoint as my sole heir my dear son Franz Meyer. Munich, 24 December 2000, Fritz Meyer" Even the following text would satisfy the German Probate court that it constitutes a fully valid German will: "My Wife gets everything. Hans Muller" Yes, this is a valid German…
Bernhard Schmeilzl
January 23, 2015
Business in GermanyCivil actionGerman LawGoing to court

German Limitation Periods are much shorter than in England

When do civil claims become statute barred in Germany? British enterprises doing business within Germany should be aware of the fact that the limitation periods differ hugely between the two jurisdictions. In regards to England, the Limitation Act 1980 states: Time limit for actions founded on simple contract: An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. This…
Bernhard Schmeilzl
January 23, 2015
Conveyancing GermanyCriminal Law

How to obtain German Documentary Evidence for a Criminal Case in England

What information is public record in Germany? We are sometimes approached by English criminal defense lawyers asking us to provide them with official extracts from the German Commercial Register, the German Land Registry or other German Registry (e.g. birth or death certificates, marriage certificates, car ownership registry, wills register etc). The former usually does not create any difficulties, since the Commercial Register is meant to provide publicly accesible information (see the posting: How to read…
Bernhard Schmeilzl
January 9, 2015
German ProbateGerman Succession & Inheritance Law

Tracing Overseas Assets

Are you dealing with a deceased relative or other person’s estate and are unsure if they have any assets in Germany? After a death, it’s often the case that the deceased may have spent many years in another country, perhaps with the services or through a holiday home or extended family ties. They may potentially have assets there that are not immediately obvious. Tracking down potential bank accounts, property and other assets can be difficult…
Bernhard Schmeilzl
November 28, 2014
Business in GermanyConveyancing GermanyDebt collectionGerman LawGoing to court

English Lawyers in Germany

Solicitor Jelowicki von Grafenstein in Munich Whether you have been involved in a car accident in Germany, need advice on German labour law or other contract matters, plan to start a German business, want to buy a house in Germany or need to swear an oath before an English solicitor, the Munich based law firm Graf & Partners can provide the necessary legal advice and representation. The firm was established in 2003 and speciales in British-German…
Bernhard Schmeilzl
November 7, 2014
Business in GermanyBusiness Tax & Fiscal ObligationsGerman Corporate LawGerman Labor LawGerman Tax LawStarting BusinessStarting or Expanding Business

When starting a Business in Germany: Don’t Forget the Trade Register Notification (Gewerbeanmeldung)

Your new German company is finally registered? Gratulations! But you are far from being done. Under German law (see section 14 Gewerbeordnung, i.e. German Trade Regulation), the commencement of a business activity must be notified in writing (Gewerbeanmeldung) to the local Ordnungsamt (Trades Office), which is a department of the municipal government, for example the city of Munich. This notification obligation also applies to any change in the business (e.g. move, modification to the nature…
Bernhard Schmeilzl
October 31, 2014