Category

Going to court

Civil actionGoing to courtInternational LitigationLitigation in Germany

Dispute Resolution in Germany

GP Law - Leading Anglo-German Litigation Lawyers since 2003 British-German dispute resolution has been the focus of Graf Legal LLP ever since the firm was established by litigation experts Birgit Graf and Bernhard Schmeilzl about 20 years ago. Based in the south of Germany, with offices in Munich and Regensburg, we provide English speaking clients with bespoke advice in commercial and high profile private client litigation cases throughout Germany. Head litigator Bernhard Schmeizl has more…
Bernhard Schmeilzl
September 27, 2021
Civil actionGoing to courtLitigation in Germany

Graf Legal – The German Litigation Lawyers

We specialise in German commercial litigation since 2003 When German civil litigation expert Bernhard Schmeilzl co-founded Graf Legal LLP back in 2003, the goal was to provide top notch German legal advice for British and US-American clients, with a clear focus on high stakes civil litigation cases. And this is exactly what the Bavaria based boutique litigation firm has done ever since. Every day, we explain German law and especially German civil procedure rules to…
Bernhard Schmeilzl
September 27, 2021
Civil actionDebt collectionGerman LawGoing to courtLitigation in Germany

The German Court System

Structure of the German Civil Courts explained If you need to bring a claim before a German court of law, this chart shows you which German court has jurisdiction and how many judges will hear your case:   The chart is taken from our expert law blog https://www.germancivilprocedure.com on which our German expert litigators explain many aspects of German civil procedure. You can also ask for our 20 page brochure: Civil Litigation in Germany -…
Bernhard Schmeilzl
July 22, 2021
Civil actionDebt collectionGerman LawGoing to courtLitigation in Germany

Litigation in Germany is Different — CPR Explained

Typical Misconceptions about Civil Litigation in Germany Since Brexit, less German companies are willing to accept English law to govern their business relationships with UK trading partners. As a consequence, if things go sour between the parties, UK businesses may find themselves in a German legal dispute. German Civil Procedure Rules permit immediate Court Action In this situation, many British company directors and their solicitors make the same mistake: They assume that a German civil…
Bernhard Schmeilzl
July 22, 2021
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
European ProbateGerman ProbateGerman Succession & Inheritance LawGoing to court

How to Dissolve a German Community of Heirs

What to do if co-heirs in Germany cannot agree on how to distribute the estate Under German law, as well as in most other EU jurisdictions, there is no personal representative (executor or administratror) who takes possession of and deals with the estate. Instead, the "heir" (Erbe) is the immediate and direct successor of the deceased. This principle of automatic and direct succession is called "unmittelbare Gesamtrechtsnachfolge". This is all swell if there is only…
Bernhard Schmeilzl
April 13, 2021
Civil actionGoing to courtLitigation in Germany

Are TV-Cameras allowed in German Courtrooms?

Videotaping and broadcasting is prohibited in Germany - with only very limited exceptions You will not see any video footage of a German court case, neither from a civil nor from a criminal trial. German law is very conservative and restrictive when it comes to photography and videotaping in a German court of law, let alone broadcasting the actual court hearing. The only exception to this rule applies to the highest Federal Courts of Germany…
Bernhard Schmeilzl
February 24, 2020
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

WHY ARE GERMAN TRIAL LAWYERS SO LAME?

Or are they, really? That's a question I often get asked by U.S. clients who need to sue (or have been sued) in Germany. These American clients have certain expectations with regard to what a good and hard nosed litigation lawyer does. Harvey Specter style shock and awe tactics. The German civil litigation counsel, in their view, does not live up to these Hollywood or Netflix expectations. Well, what creates the impression of a German…
Bernhard Schmeilzl
December 4, 2019
Civil actionGoing to courtLitigation in Germany

German Litigation Consultants and Forensic Experts

Do German Civil Procedure Rules Permit Witness Preparation? The first thing every US litigator must understand when it comes to German civil and criminal cases is that in a German courtroom there is no jury. At all! This fact alone eliminates much of the courtroom drama, acting and psychological witness examination techniques which are commonly used under United States procedure rules. In the absence of a jury, there is no need for psychological litigation consultants…
Bernhard Schmeilzl
March 1, 2019
Civil actionCriminal LawGerman Tort LawGoing to courtLitigation in Germany

Medical Malpractice Lawsuits in Germany

How to sue a German Hospital or Physician for Medical Malpractice If you believe that you or a loved one suffered an injury caused by medical negligence (medical mistakes) in Germany, the first step is to stay calm -- as difficult as that may be -- and to try and collect as much factual information as possible without immediately declaring all out war on the medical staff or the hospital. Why? Because once you openly…
Bernhard Schmeilzl
February 20, 2019