Sectors

Different sectors and industries have different consultation needs. Therefore it is not only important for you to know whether your lawyer is familiar with a certain aspect of law, but also whether your lawyer understands your business and knows about the typical problematic issues in your industry.

Get an impression of the sectors that represent the major part of our client base and get an overview of the typical topics in those sectors, which we take care of for our clients.

Mechanical and plant engineering

A core of our client base belongs to the mechanical and plant engineering industry, often with an affinity to the food and food logistic sector.

Our clients are accustomed to precise, accurate work, which they demand from their advisors as well. We have the legal tools to facilitate your work from a judicial point of view.

Our area of expertise include a.o.:

  • advice on labor law issues;
  • advice on the taxation of permanent establishments of foreign companies in the plant engineering sector in Germany;
  • registration and defense of trademarks;
  • preparation of “Schutzschrift” (statement of defence deposited in court to avoid injunction orders) in collaboration with patent attorneys and advising during trade fairs;
  • advice on work contracts and its implementation;
  • representation in disputes on warranty claims;
  • advice in general civil law matters;
  • representation in court disputes (litigation).
Trade

Reliability, speed and discretion

 

This is what distinguishes our clients in the trade sector. Our support is aimed at a smooth handling of your business. Whether by providing clear, reliable framework agreements that describe the trade relationship in more detail or by a fast and goal-oriented support in overcoming disputes, we focus on a targeted and low-frictioned transaction processing.

However, even in cases in which an amicable solution cannot be found despite all effort, our clients have an experienced and internationally well-established partner in us. Together with our network partners in many countries, we support our clients with short communication lines and economic solutions in legal disputes, whether to recover debt or to counter unjustified claims. We would be happy to explain our system for monitoring and recovering of old debts, which is available at very competitive conditions through the use of state-of-the-art IT technology.

Road haulage and freight industry

Over the years, we have handled numerous legal matters for companies from the road haulage and freight industry. Therefore, we are well acquainted with the demands of road haulage companies and can offer you an all-round package on the typical legal issues in this sector.

We accompany you from the very beginning and service you throughout your daily business. Our typical tasks in this sector include:

  • advice on the first steps towards self-employment or
  • establishing a foreign subsidiary;
  • assisting in obtaining a Community License;
  • coordinating the recognition of the Certificate of Professional Competence for the Transport Manager;
  • consulting on labor law related issues, from drafting an employment agreement to advising on claims for expenses, working and driving times, secondment of employees incl. social insurance and tax implications to the dismissal of employees and a representation in labor law litigation;
  • debt management and debt recovery, whereby we can offer an EU-wide debt recovery (out-of-court) out of one hand at competitive flat fee rates;
  • registration of trademarks and protection of intellectual property;
  • advice on customs detentions and representation against the customs office and the public prosecutors’ office;
  • advice and defense against forfeiture ordered by the customs office.

Through our network partners, we can also offer competent advice in the areas of traffic law, be it in cases of violation of driving or resting times or other regulations of the law governing driving personnel. Also in case of traffic accidents and in the subsequent handling of damage claims with the insurance, the repair shop or the principal of the transfer order because of damaged goods or delayed delivery, you are in competent hands with our network partners.

With us you remain on track!

25.05.2017

Amendment to the Act on Vehicles Crews

On 25th May 2017, the amended German Act on Vehicles Crews entered into force. It prohibits truck drivers from spending the statutory regular weekly period of rest in the truck itself.

While the former regulations – in accordance with the requirements of the European Union – already obliged drivers to take a regular weekly period of rest of 45 hours, the amendment introduces a new provision regarding the place in which the period of rest should be spent.

Starting from 2014 – when Belgium, France and the Netherlands interpreted Art 8 (8) of the Regulation (EC) No. 561/2006 in a way that the regular weekly period of rest was not to be taken in the truck and introduced a national country prohibition punishable by a fine – there have been major discussions on how to handle this issue in Germany, as well. In the beginning, there were numerous supporters of a joint European solution, however, Germany decided to take a separate national approach, as an all-European solution did not seem achievable in the near future.

The first proposal by the Federal Ministry of Transport provided that the work of drivers should be organized in a way to enable them to spend the minimum 45 hours of regular weekly rest imposed by European legislation at their place of residence or at the seat of the employing company. The latter would have to provide for a permanent place of lodging with sanitary facilities as well as sufficient food supply. However, the legislator refrained from this proposal as is was considered to be too far-reaching. Furthermore, concerns were raised with view to the fact that the proposal exceeded the mandatory European requirements.

The mitigated Act on Vehicles Crews which has come into force now stipulates that drivers do not comply with the regular weekly period of rest, if they spent it in the vehicle or in a place lacking an appropriate sleeping facility.

The transport undertaking is responsible for ensuring that these conditions are met. Both the driver and the undertaking can be imposed with a fine in case of non-compliance. According to the schedule of fines, a driver may be fined with an amount of 60 EUR for each hour spent in the truck and the undertaking can expect a fine of up to 180 EUR for each hour.

Compared to the earlier legislative proposal, the new amendments are much less controversial. An additional mitigation is that this prohibition covers only the regular weekly period of rest of 45 hours and does not also include the abbreviated weekly period of rest of 24 hours. The latter may be still spent in a truck. While the supporters of the stricter prohibition will mourn the envisaged drivers’ protection, transport undertakings may heave a sigh of relief as for the time being the necessity to completely reorganize the periods of rest of their employees has been averted.

Contact person: Caroline Röger, LL.M., Attorney at law

 

Furniture

An important part of our client base belongs to the furniture industry.

Commonly, the development, the design and the distribution of furniture takes place or is steered from Germany, whereas the actual furniture production often takes place abroad, also for cost reasons. Our cross-border experience is particularly helpful in such cases.

We are able to take the perspective of the affected persons in the respective country. As a result, we act as an adapter and ascertain that solutions to your problems are not only legally compliant in the affected country, but also that there is no loss of friction during the implementation and thereby ensure a holistic concept as a result.

We see to it that everyone involved not only uses the same words, but also gives them the same meaning. This is possible since our team is familiar with the subtle, but important country-specific distinctions due to their long-lasting cross-border experience.

 

„We do not translate, we convey concepts“

 

Our experience in advising companies from the furniture industry extends to:

– labor law issues;
– registration and defense of designs;
– representation in competition-related issues;
– corporate law advice also with regard to foreign subsidiaries;
– counselling on corporate restructuring recognized for tax purposes;
– advising and drafting of job processing documentation and transfer pricing;
– restructuring and repositioning of companies.

Automotive

With us, you always engage the right gear!

The automotive sector is currently undergoing major upheaval. Whether the issue of electromobility and the associated turmoil in the supplier sector or the rapidly increasing share of software solutions in the value-added chain, our clients are facing new challenges.

Emerging new players from completely different industries challenge many proven business models. Keeping track of your goals, preserving the tried and tested results and creating new ones is a common concern. Due to our cross-border specialization and our experience in repositioning as well as IP and financing, we are a strong partner for our clients, every step of the way.

Together we can face the future with courage and confidence.

Banks

„Profit is not the only thing that counts!“

 

Economic requirements are a central but by no means exclusive factor applied by banks in preparation of a decision.

When serving a financial institution, an advisor is faced with the additional challenges of embedding his advice into the general business policies, considering reputational risks and the fact that a bank is more willing to respond to the interests of its customers than it is typically the case for a contracting party. These numerous factors, which are uncommon in a standard consulting situation, must be taken into account by the advisor in his counselling. In addition, due to the banks‘ internal structure, decision-making processes are far more complex than this is usually the case in a lawyer’s engagement. The even greater emphasize on confidentiality, other criteria in the assessment of legal risks and simply also the greater number of participants involved on the client’s side are further challenges.

We have been rising to such challenges since the beginning of our activities with success. We advise credit institutions both in standard situations (particularly in cross-border cases towards Poland) as well as in crises and restructuring scenarios. Our scope of service extends from the simple preparation of legal opinions to the implementation and enforcement of collaterals, to the de facto “outsourcing” of a non-performing engagement, where we act on behalf of our client in creditors’ committees, take over restructuring or sales negotiations and undertake preparation works for the compliance with internal reporting requirements.

We will gladly explain our range of services to you in a personal meeting.

For confidentiality reasons, we are limited in providing you with references. If necessary however, we can refer you to a number of people in financial institutions and various other institutions, who can serve as a reference.