Category

German Tort Law

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
Civil actionDebt collectionGerman LawGerman Tort LawGoing to courtLitigation in Germany

Litigation Costs in Germany: Basic Principles and an Online Cost Calculator

By German Litigation Expert Bernhard H. Schmeilzl, LL.M. (Leicester), admitted to the Munich Bar and qualified to represent clients in Courts of Law throughout Germany Court fees (Gerichtskosten) in Germany are based on the value of the claim (Streitwert or Gegenstandswert). The same is true for lawyers fees (Anwaltsgebühren) which are regulated by statutory law, the so called Rechtsanwaltsvergütungsgesetz (RVG). We explain the details of German civil litigation procedure including litigation costs in our expert…
Bernhard Schmeilzl
December 8, 2017
Business in GermanyCivil actionCriminal LawGerman Corporate LawGerman Tax LawGerman Tort LawGoing to courtLitigation in GermanyM&A Germany

Forensic Accountant for Business Litigation in Germany

You need to understand German company accounts for a German lawsuit? In order to win a business or corporate law suit, understanding the numbers is often equally important as knowing the legal aspects of the case. The same is true if you plan to acquire a German business. Thus, the German-British litigation lawyers as well as the M&A experts at Graf & Partners (www.grafegal.com) regularly team up with German forensic accountant Hermann Werle. Hermann obtained…
Bernhard Schmeilzl
November 3, 2017
Civil actionDebt collectionGerman Corporate LawGerman LawGerman Tort LawGoing to courtLitigation in Germany

Pursuing Legal Action in Germany?

You found the German law firm perfectly equipped to address your legal needs in Germany Since 2003, German law firm Graf & Partners specialises in providing legal advice and litigation services to British and American clients. Our international litigation lawyers run the leading expert law blog on German civil litigation rules in English language: www.GermanCivilProcedure.com The majority of our clients come from Britain, the USA or other English speaking countries and are in need of pursuing…
Bernhard Schmeilzl
March 15, 2017
Business in GermanyCivil actionCriminal LawGerman LawGerman Tort LawLitigation in Germany

Putting Someone on Speaker Phone without telling them?

It's not only rude, but outright criminal In their piece about Speakerphone Etiquette, The Huffington Post recommends: "Always ask the person on the other end of the line if he or she minds being put on the speakerphone. Some people find them annoying and invasive." This is excellent advice, especially if you speak to Germans on the phone. Why so? Because a German might not only be annoyed to find out that somehas has secretly…
Bernhard Schmeilzl
February 8, 2017
German LawGerman ProbateGerman Tort LawGoing to courtLitigation in Germany

English Speaking German Lawyers and Litigators based in Munich

Experienced German Legal Counsel for British and American Clients Since 2003, the German law firm Graf Partners LLP with its headquarters in Munich specialises in British-German and US-German legal cases. Not only are the German lawyers at GP fluent in the English language, but they have many years of practical experience gained by working for commercial and private clients from Britain and the USA. From conveyancing of German property, drafting international agreements, representing foreign clients…
Bernhard Schmeilzl
January 10, 2017
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

No Win No Fee Agreements are Void in Germany

Contingency fee agreements with litigation lawyers are illegal in Germany No win no fee agreements (contingency fees) between a client and lawyer are prohibited under German law. This has always been the tradition of German law (more here). The reasoning behind this rule is that German lawyers shall not undercut each other, because this would lead to poorly financed law offices providing very poor services to their clients. Also, German lawyers shall not be under the…
Bernhard Schmeilzl
July 26, 2016
German LawGerman Sports LawyersGerman Tort LawLitigation in GermanySports Law Experts Germany

You keep your Eyes on the Ball…

... while we'll keep ours on the law for you The German-British sport law experts of Graf & Partners specialise in drafting and negotiating sports related agreements, sponsoring and endorsement deals, sports related litigation and sports event agreements. We consult sports federations, professional sports clubs, major event sponsors and individual professional athletes from many different sports, including football (soccer), ice hockey, golf, baseball, motor sports and winter sports. Since, nowadays, sports law is essentially business…
Bernhard Schmeilzl
July 22, 2016
Civil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawGerman Tort LawLitigation in Germany

Expert Reports on German Law

As a full service German and English law firm, established in 2003, and the editors of the expert blog on German civil procedure rules we are often asked to provide English Law Firms with an expert report based on issues of German Law. Bernhard Schmeilzl, a bilingual Lawyer who qualified in 2001 (admitted to the Munich Bar) and is able to provide expert reports to be used in English litigation and arbitration cases based on…
Bernhard Schmeilzl
June 2, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

German Law of Torts: Are Accident Victims entitled to a New House?

Can a disabled injured person claim for the predicted cost of accommodation or only the actual costs after they have been incurred? Under German law, a person who is impaired by an accident is entitled to adequate housing. The extent and amount necessary for adequate housing depends on what an impaired person would reasonably require. This can be determined by an expert, who will be appointed by a German court. However, a difficult and strongly…
Bernhard Schmeilzl
May 31, 2016