Allgemein

Area of Expertise

Specialises in advising banks, corporates, shareholders, creditors and debtors on debt restructuring, turnaround and insolvencies, mainly in proceedings with cross-border environment; Collaboration with insolvency administrators in cross-border insolvencies in the scope of Council regulation (EC) 1346/2000 on insolvency proceedings.
In his career he has advised on numerous high profile debt restructurings and insolvencies, be it domestic, EU cross-border or international, including ISPAT International, Orinoco Iron, Lloyd Werft Bremerhaven, Cassens Werft SSW, VermögensGarant AG, F&P AG&Co.KG, ae group AG and Trevira GmbH.
Corporate counseling, legal counseling in mergers and acquisitions.

Languages: German, English, Polish

 

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Office Frankfurt
Tel: +49 69 348 771 660

Office Poznan
Tel: +48 61 880 1067

Email: ABunk@blpa.law

 

03.04.2018

Regional Labour Court Cologne: Return of the office key after termination of an employment

An employee who had received an office key in context with his employment is obliged to return this key upon request of the employer or after termination of the employment. In general, the keys have to be handed over at the place of the office. This obligation has been confirmed by the Regional Labour Court Cologne in its decision of 10 August 2017 (LAG Köln, 7 Sa 1073/16).

In the dispute at hand, an employee of a law firm had been provided with office keys in order to facilitate her work performance. In the beginning of 2016, the relationship between her and her employer worsened considerably. Due to the bad relationship, the employer asked her to return the office keys and two weeks later served her with the termination notice. In order to obtain the office keys, the employer even visited the employee at her private address. The employee, however, rejected to hand-over the keys due to the fact that the employment had not been terminated at that time. Additionally, she claimed, the key was already at her lawyer’s office and above that, she could not be forced to communicate with her employer at that time because their relationship had already turned unbearable. After termination, the employee sent the office keys via registered mail. The letter, however, arrived at the employer damaged and was lacking the keys. They were found by the post only four weeks later and thus it was delivered to the employer with delay. Consequently, the employer filed a lawsuit demanding damages for the exchange of the main door lock as well as the envisaged exchange of the locking system for the whole building. (Read more…)

Player/athletes_contract_ Beschreibung

With us, you jump every hurdle!

 

As an athlete, your body is your capital. To make best use of it, it is crucial that your contracts are watertight. We assist you in contract negotiations with new or former clubs, help you to legally ensure the best possible conditions and see to it that your contract does not contain any bad surprises. For us, your sporting development always comes first. Keeping this in mind, we are looking for contractual solutions, so that you can maximize your potential not only on the athletic ground.

Employment

You have received a notice of termination? You want to negotiate a fair compensation with your employer? The salary due to you has not been paid? You cannot agree with your boss about the leave or overtime payments you are entitled to? You would like to change your career, but first check the new employment contract for pitfalls? We are at your side with advice and assistance in any kind of employment-related issue.

As varied as the problems in an employment can be, so versatile are the possibilities to tackle the problems. Whether you are seeking an out-of-court settlement or need to enforce your rights in court, we have many years of experience in employment law and are happy to use it to your advantage. In doing so, we always strive for fast and economically sensible solutions and do not shy away from breaking out of tried and tested patterns in order to achieve the best possible result for you through creative solutions.

 

“Concentrate on your work, we’ll take care of the rest!”

Bestellung Unternehmer

Bestellung Privatperson

27.09.2017

PL: Increase in nominal capital of a limited liability company (sp. z o. o.) and the non-payment of a new shareholder’s contribution to cover the capital increase

The decision to increase the nominal capital is often made during the life cycle of a limited liability company (sp. z o. o.).

As a reminder: the minimum nominal capital of a Polish limited liability company is regulated by the provisions of the Polish Commercial Code and currently amounts to PLN 5,000.00. Companies established with this minimum level of capital are not in a position to establish a strong position in the market. These companies often have difficulties in obtaining a loan on preferential terms and attracting investors or business partners. The above-mentioned problems mean that such companies are unable to engage in certain areas because their own assets are inadequate. For this reason, in order to open up appropriate development opportunities for the company, the shareholders make a decision on the increase in nominal capital, which on the one hand grants the company additional funds or contributions in kind and on the other hand makes it appear more credible and strengthens its position in the market in relation to other companies. However, it should be noted that the capital increase of a Polish limited liability company may only be effected in accordance with the provisions of the Polish Commercial Code. (Read more…)

Booking

You have decided to book one of our consulting packages? You can send us your data using the contact form below. Please do not forget to indicate which consulting package you would like to book.

 

For entrepreneurs                                             For private individuals
 

If you prefer to contact us by phone or e-mail, we will be happy to provide you with information about the consulting packages or to receive your data for processing your enquiry:

0049 69 34877 1660
beratungspaket@blpa.law

Muster Widerrufserklärung

Sample revocation form

 If you wish to revoke the contract, please fill in this form and send it back to

BLPA|bunk-alliance Rechtsanwaltsgesellschaft mbH
Korngasse 2
67547 Worms
Tel: +49 69 348 771 660
Fax:+49 69 348 771 6666
cancel@blpa.law

 

– I/we (*) hereby revoke the contract for the provision of the following services (*) concluded by me/us (*)

Consulting package: _____________________________________________________________

___________________________________________________________________________

– Ordered on (*)/received on(*): ____________________________________________________

– Name of the consumer(s): _______________________________________________________

– Address of the consumer(s): ______________________________________________________

– Email of the consumer(s): _______________________________________________________

 

___________________________

Place, date

 

__________________________________________________

Signature of the consumer(s)

 

(*) Delete as applicable

 

Cancellation information

Right of revocation

You have the right to revoke the consulting contract concluded with us within fourteen (14) days without stating any reasons.

The revocation period is fourteen (14) days from the day of the conclusion of the contract (acceptance of your booking/order by us).

In order to exercise your right of revocation, you must notify us

BLPA bunk-alliance Rechtsanwaltsgesellschaft mbH
Korngasse 2
67547 Worms
T: +49 69 348 771 660
F:+49 69 348 771 6666
cancel@blpa.law

by means of a clear declaration (e. g. a letter, fax or e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form, which is not mandatory.

In order to comply with the cancellation deadline, it is sufficient for you to send the notice of cancellation prior to the expiry of the cancellation deadline.

Consequences of the revocation

If you revoke the agreement, we will be obliged to return all payments received from you, including the delivery costs (except for the additional costs arising from your choice of a different type of delivery than the cheapest standard delivery offered by us), without delay and no later than within fourteen days from the date on which we receive your notice of revocation of the agreement. We will use the same means of payment for the repayment as you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for the repayment.

If you have asked us to begin with our service during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the time you inform us of the exercise of the revocationright with regard to the contract, compared to the total scope of the services provided in the contract.

Special note regarding the premature expiry of the right of revocation

The right of revocation expires in the case of a contract for the provision of services, if the service has been rendered in full and the performance of the service has been agreed upon only after the consumer has given his express consent and at the same time confirmed his knowledge that he loses his right of revocation in case of complete fulfilment of the contract by the entrepreneur.

Sample declaration of revocation

Will and inheritance

 

The loss of a close person is very emotional. In this situation, however, inheritance law demands that close relatives make decisions and take measures to regulate the consequences. We will assist you in this situation, guide you through the bureaucratic hurdles and help you to take the necessary steps. If you would like to arrange for your hereditary succession, we will be happy to advise you on how your estate can be distributed according to your wishes.

Alimony

You are a single parent, but do not receive child support from the other parent? You live separately from your spouse/husband or are already divorced, but he/she refuses to pay you alimony? You are receiving alimony, but it is not credited to your account regularly or too late? The alimony you get isn’t high enough?

Come to us and describe your problem. We will be happy to help you find a quick and lasting solution so that you and your child are prepared for the future.

divorce

Divorce is highly emotional for everyone involved. Advice in this field therefore requires a fine touch and understanding from the consultants involved. We will assist you from the separation to the divorce and subsequent matters, such as claims for alimony in every phase and help you to your rights. We always seek a dialogue with your former partner in order not to stir up disputes, but instead to reach the ideal solution for you by means of constructive communication.

Child benefits

You work in Germany and pay taxes, but you do not receive child benefit for your children living in other European countries? You or your partner may receive child benefit abroad, but this is much lower than child benefit in Germany? The Family Benefits Office (Familienkasse)  will take time to decide on your child benefit entitlement? We are happy to help you assert your child benefit entitlements.

Especially in cross-border constellations, it often takes a long time for the Family Benefit Office (Familienkasse) to acknowledge a child benefit entitlement. Months can thus elapse in which the proceedings are suspended or delayed due to new enquiries. We help you to communicate with the Family Benefit Office, keep it as effective as possible and support you in filling out the numerous forms so that the child benefit procedure can be completed as quickly as possible and you can get your rights.

Tenancy/Lease

Your landlord has given you notice on your apartment? Your statement of utility costs is too high? The landlord refuses to return your deposit after the rental or lease agreement ended?

We are your competent partner in all matters of tenancy law. Whether you are looking for an out-of-court solution or are already confronted with a lawsuit, we will be happy to support you and help you enforce your rights against the landlord.

20.12.2017

ECJ: Prevents the employer that the employee takes his entitlements for paid leave, the leave entitlement can be transfer unlimited and accumulated

calender

An employee must be able to transfer and accumulate unused leave entitlements if the employer does not allow him to take his annual leave as paid leave. EU law prohibits that an employee must take his leave before he can determine whether he is entitled to pay for that leave. In contrast to cases of long-term sick employees, a limitation of the transfer period to protect the employer’s interest is not required. This was decided by the Court of Justice of the European Union on 29 November 2017 (File.: C-214/16).

(Read more)

Litigation

In almost all areas of daily life, conflicts can arise in interaction between people. In order to achieve the best solution in a dispute, you need to know your rights and also know which means are available to enforce them. We will be happy to advise you and negotiate with the opposing party both out-of-court and in court in order to achieve the best for you and avoid future conflicts.

24.07.2017

Germany: Amendments to the Federal Data Protection Act

On 25 May 2018, various changes in the processing of personal data come into force in Germany. The amendments are based on the entry into force of the Data Protection Regulation and the Data Protection Adjustment Act.

Therefore, companies should review their processes regarding the processing of personal data and, if necessary, adapt them to the new legal requirements.

E-commerce

In principle, data protection is applicable to the collecting and processing of personal data from consumers. Accordingly, the amendment to the Federal Data Protection Act will have an effect in particular in e-commerce.

(Read more…)

16.08.2017

Spain: Data Protection Regulation

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On May 25th 2016, REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION) entered into force.

Although European Regulations are directly enforceable in the member states, without any adaptation into national law), Spanish Government has decided to derogate Spanish current Act 15/1999 on Personal Data Protection and to submit a new Constitutional Act on Personal Data Protection which shall replace the one published in December 1999 and implements the modifications introduced by the EU General Data Protection Regulation.

So far, the Spanish Government instructed the Spanish National Codification Commission to prepare a new text of the Act, in collaboration with the Spanish Data Protection Agency (AEPD in the Spanish acronym) which is the public law authority overseeing compliance with the legal provisions on the protection of personal data.

The text was recently forwarded to the Ministry of Justice, which presented it to the Council of Ministers on 24 June 2017. The preliminary draft is currently subject to consultations, opinions and reports, including consultation with citizens and entities concerned, as well as the opinion of the Council of State. The new Act shall enter into force at the same time as the EU General Data Protection Regulation, i.e. in May 2018.

Considering the above, we cannot give you an overview on the final regulations in the new Spanish Personal Data Protection Act, but the text submitted for approval currently contains the following regulations:

(Read more…)

10.07.2017

Russia: The law introducing significant strengthening of liability for the violation of personal data regulations came into force

On July 1st, 2017, several amendments to the Code of Administrative Offences of the Russian Federation (hereafter – the Code) came into force[1], significantly elaborating on the list of offences in the sphere of personal data (PD) processing and increasing the penalties.

The amendments addressed Article 13.11 of the Code, which previously established liability for one major offence related to the data processing – the breach of legally prescribed procedure of gathering, storing, using and distribution of PD. The sanction stretched from an official warning to administrative fine limited to 10 000 RUB for companies.

The amended Article 13.11 diversifies and strengthens the liability, introducing seven general groups of offences related to PD, which themselves may have internal division between various administrative offences.

Five of seven Paragraphs of Article 13.11 require the special perpetrator – the operator of PD. According to the Federal Law No. 152-FZ of 27.07.2006 “On Personal Data”, the operator includes governmental body, municipal body, a company or a physical person, who, acting on their own, or jointly with other persons, organize and (or) directly perform the PD processing, as well as those who determine the purposes of processing, the amount of PD to be processed, and specific operations involved in PD processing.

Drawing particular attention is that operator of PD is liable for non‑publishing of its policy on data protection, as well as for depriving the third parties in any other way of access to such document, which is now explicitly stipulated in law. The obligation to elaborate and publicize the policy on data protection is established in the Article 18.1 of the Federal Law on personal data.

(Read more…)

Curriculum Vitae

since 2012     Head of office at bunk-alliance Rechtsanwaltsgesellschaft mbH, branch office Berlin

since 2011      Arbitrator at the Court of Arbitration of the Chamber of Commerce in Krakow

   (Sąd Polubowny przy Izbie Przemysłowo-Handlowej w Krakowie)

2005-2011     Associate at law-firm bunk-alliance in Worms and Berlin

2007              Secondment at Komarnicka Kokrpalski in Poznan, Poland

2005              Admission to the bar, Bar Association Koblenz

2002-2005    Articled Clerkship in Rhineland-Palatine

Sports law_Beschreibung

Today, not only the professional abilities of an athlete count in professional sports. Increasing commercialization requires for both, the athlete as well as the club, to act as a business enterprise in the market in order to remain competitive. Those who want to compete in professional sports, must also pursue a clear strategy outside the arena. The key to success is knowing the right consultant on your side!

We support your team, with individual legal advice, in touch with reality and the right sense for economic connections. So you can use your time to realize your dreams, while we do what we do best – represent your interests and disarm your opponent.

 

“Sports law – this is our game!”

 

Curriculum Vitae

since 2012   Executive Director at BLPA|bunk-alliance Rechtsanwaltsgesellschaft mbH

2012             Admission to the Bar, Warsaw

2004             Founder and owner bunk-alliance Rechtsanwälte

2000-2006    Inhouse-Lawyer and Senior Legal Counsel at the legal and work-out department of

Kreditanstalt für Wiederaufbau (KfW) in Frankfurt/Main

1998-2000   Attorney with Rödl & Partner, Nuremberg; Head of Office in Poznan/Poland

1998             Associate with Pünder Volhard Weber&Axter, Frankfurt/Main (now Clifford Chance)

1998             Admission to the bar, Bar Association Frankfurt/Main

1997             Obtaining LL.D in European Community Law at University Viadrina, Frankfurt/Oder

1995-1997    Assistant professor for European Law at the University Viadrina, Frankfurt/Oder

1993 – 1995 Articled Clerkship in Lower saxony

Trainee at the German Embassy in Vilnius, Lithuania

Curriculum Vitae

2017/2018 Master of Laws (LL.M.): Intellectual Property law, Heinrich-Heine-University Dusseldorf

since 2012    Executive Director at bunk-alliance Rechtsanwaltsgesellschaft mbH

2011               Successful completion of course by Deutsche Anwalt Akademie to become a certified intellectual property lawyer

2007-2011    Associate at law-firm bunk-alliance in Worms

2009              Secondment at Werksmans incorporating Jan S. de Villiers in Johannesburg, South Africa

Since 2008   Vice President of bunk-alliance administrative services GmbH with registered office in Worms

2007              Admission to the bar, Bar Association Koblenz

2005-2007   Articled Clerkship in Baden-Wuerttemberg,
Trainee at the German-Arab Chamber of Industry and Commerce in Cairo, Egypt

Lichter_kurz

Areas of Expertise

Corporate counseling: legal counseling in mergers and acquisitions, conducting due diligence; legal counseling with regard to incorporation of companies including labour law related aspects (contract for managing director, labour contracts etc.).
Intellectual Property: judicial and extrajudicial representation in competition law related matters, application/registration and defense of national and EU-Community trademarks, application/registration and defense of national and EU-Community designs.
Debt collection: focusing on cross-border debt collection within the European Union.
Litigation: in particular complex litigation matters and litigation matters connected to foreign legal systems

LanguagesGerman, English

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Office Frankfurt

+49 +49 69 348 771 660

Email: VLichter@blpa.law

Clubs_top_Beschreibung

In the modern world of sports, clubs not only have to be professional in sports. Therefore it is essential to have competent team of consultants at your side, on whose advice you can rely. We guard the management’s back, so that you can make the right decisions for the club. We have the necessary background knowledge to secure your position. Whether it is drafting or reviewing of articles of association or model contracts, contractual negotiations with athletes of sponsors – we are happy to support you and provide you with appropriate solutions. In case of a legal dispute in front of state courts, associations or arbitration courts, you can always rely on our experienced and competent team.

Sport is our passion – this is the motto under which we always look for the best solution to ensure that your club can look confidently into the future.

Trainer contract_top_Beschreibung

 

Your task ist to develop the right strategy fort he next tournament, game or the upcoming competition. Our task is to assist you from a legal perspective to follow your personal strategy. We help you in negotiations with clubs and organizations and provide you with the right concept to hit your goals and to ensure their certainty in a legally binding manner. Show your tactical finesse to the clubs, we will take care of the rest!

Arbitration_top_Beschreibung

Sports law is characterized by out-of-court dispute settlement like hardly any other area of law. We accompany you in all proceedings from the Federal Courts to the International Sports Court. Our experience in this area allows us to meet the peculiarities of arbitration proceedings and to help you get your rights.

If a dispute ends up in front of state courts, we also have the competent partner for you in our team to represent you before the courts.

Arbitration

Speediness, professional expertise, confidentiality

These attributes are valued by companies in arbitration proceedings, which is why arbitration remains popular in international business. Many companies prefer to clarify their legal disputes before a private arbitration court rather than in front of the state courts. Therefore, their contracts often provide for an arbitration clause, excluding state jurisdiction.

We accompany you at national and international level, from the drafting of the right arbitration clause for you to the execution of an arbitration award obtained. During the proceedings, our scope of service ranges from the filing of the arbitration to the careful selection of the arbitrators, the preparation of pleadings and the compilation of evidence to the representation of the party and hearing of witnesses. While doing this, we attach great importance to tailoring our advice to the individual case and give advice in touch with reality in order to solve the existing conflict in the long-term.

Areas of Expertise

Litigation, in particular representation of domestic and foreign clients in corporate litigation, commercial disputes and enforcement of foreign judgments;
Debt collection with special focus on cross-border debt collection within the European Union;
Tax law, in particular advising in respect of international company taxation of German investments abroad and foreign investments in Germany;
Corporate counseling, legal counseling in mergers and acquisition or incorporation of companies including labour law related aspects

LanguagesGerman, Polish, English

 

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Office Berlin

Tel: +49 30 5557 3473

Email: DWypior@blpa.law

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