Nobody really wants to go to court. However, as the managing director of a limited liability company or as the head of your company, you cannot always avoid civil court proceedings. As a specialist lawyer for commercial and corporate law and a specialist lawyer for international business law in Munich, I take on litigation for my clients in court disputes with suppliers, dealers, competitors and shareholders.
in the event of a breach of duty for compensation for the damage incurred
in case of bankruptcy
of contractual claims for damages
for claims under distribution law - compensation claim and damages
Exclusion and Compensation
My experience as a lawyer in litigation includes in particular the following situations:
Feel free to contact andrelang law with your request. It is important to me to understand your question and your goal precisely in order to check the appropriate procedure for you in the first step.
There are often several paths to a goal. Where this is the case for you, we use my legal assessment to select the combination of options that suits you in order to resolve your issue.
The chosen solution is implemented in a legally secure manner. Wherever possible, the result is consistent with your goal. So that your company can operate safely on the market.
Of course, you can fully rely on me and my law firm andrelang law in Munich for support. Ask me without obligation.
The law firm andrelang law in Munich supports your company nationwide in claims for damages against former managing directors. If they have committed a breach of duty in the course of their management, they are liable to the company for damages. If you are the successor in management, you as the managing director are obliged to have possible claims for damages by the company against former managing directors examined and to assert them in court. According to the GmbH-Gesetz, the statute of limitations for claims for damages from a managing director occurs within five years after the breach of duty. It doesn't depend on the knowledge! Claims for damages begin to become time-barred as soon as court proceedings for damage can be started for the first time.
Any breach of due diligence can trigger the liability of the GmbH managing director or board of directors. There is often a so-called D&O insurance (Directors & Officers insurance) that pays for the damage. It should be noted that case law can regard any gross negligence in the event of a breach of duty as breach of trust. A managing director may even be liable to prosecution.
Typical breaches of duty are violations of legal regulations and prohibitions, such as the prohibition on paying or accepting bribes. As a lawyer, however, I often encounter mistakes made through negligence. The managing director's employment contract often contains regulations on the limitation of liability. When advising you on a damaging event and the possible liability of the managing director, I will include the employment contract and the insurance. In addition, it is necessary for the shareholders' meeting to approve the action taken against the managing director. As an experienced litigator, I will advise you and your company on the requirements for the liability of the managing director and the liability of the insurance company.
Please feel free to contact me as your lawyer if you need advice regarding director liability for damages suffered.
Liability risks of the GmbH managing director Managing directors in a GmbH or board members of a stock corporation have special liability risks. Anyone who violates their duties as a managing director or member of the board of directors is liable for damages.
Managing directors' liability is a sensitive issue: the law stipulates that managing directors must exercise the diligence of a prudent businessman in the affairs of the company. A
In the event of insolvency, every manager has a particular liability risk. The managing director must immediately file for insolvency as soon as insolvency or over-indebtedness occurs. If a shareholder violates this obligation, he is liable to the company for damages. The insolvency administrator asserts this. A managing director often overlooks the insolvency and still makes payments from the insolvency estate. He is then liable with his private assets for compensation for the damage suffered. In such a case, D&O insurance often covers the damage.
However, contractual partners of an insolvent company can also claim damages against its managing director. A client is often in a situation where he has accepted orders from a company in the belief that the company is able and willing to pay. If a managing director overlooks the fact that insolvency or overindebtedness has already occurred and is still concluding contracts, the contractual partner can in principle demand compensation. This is not aimed at the lost profit, but only at the reimbursement of the expenses for the advance service. However, your company can claim part of the damage directly against the managing director and is not dependent on the insolvency rate.
As a specialized litigator and specialist lawyer for commercial and corporate law, I am your contact and I am happy to represent you and your company as the injured party in enforcing your claims for damages in all courts, as well as at the company headquarters and nationwide throughout Germany.
With experience and negotiating power, andrelang law and Dr. Christian Andrelang, LL.M. as a lawyer you and your company also in court proceedings due to contractual claims for damages. Areas of law are company law, antitrust law, international economic and commercial law as well as distribution and competition law. andrelang law takes over the legal representation for example for:
Clients rely on andrelang law's many years of experience in legal representation in court, the negotiating strength and the well-founded commercial knowledge. In particular in the event of conflicts in supply relationships, andrelang law offers legal assistance. If you and your company have been injured due to a defective delivery, you are regularly entitled to a claim for damages. However, it is a prerequisite that you have observed the applicable provisions on the examination and notification of defects. Likewise, contractual agreements on liability risk and limitation of liability are important when examining claims for damages. andrelang law will also be happy to represent you in the event of claims for damages in the event of an illegal termination of the contract.
As your legal contact, I also represent you in court when asserting claims, for example for payment of the purchase price. If your company has suffered damage here, I will check the legal situation, possible damage positions and the contractual regulations. As a legal representative, andrelang law is not tied to the seat of the law firm in Munich, but can support you nationwide.
Manufacturers, importers, wholesalers, retailers and sales representatives work closely together when selling products. This often leads to conflicts that can sometimes only be resolved in court. dr Christian Andrelang, LL.M. as an experienced lawyer in Munich, offers all companies in the various levels of trade the legal representation of their interests in court. This also applies to cross-border sales relationships.
termination of contracts
The most common reasons for litigation in antitrust, distribution, corporate and commercial law are termination of a contractual relationship and claims for damages. Sales representatives, authorized dealers and commission agents regularly attack a contract termination in order to enforce claims for damages, commission, book excerpt and compensation.
Injunction & Damages
Manufacturers and importers often complain about parallel imports and gray market deliveries from their dealers. Legal proceedings then often revolve around claims for injunctive relief and damages. Other breaches of contract, such as violations of exclusivity agreements by dealers or commercial agents, can also entail a liability risk for your company. As a specialist lawyer for international business law and specialist lawyer for commercial and corporate law, I am happy to take over the litigation for the enforcement of your rights.
If a supplier terminates a long-term supply contract by giving notice, the shock is often profound. What worked well for the company doesn't seem to work for the supplier
Blog 24/07/2019 Author: Dr. Christian Andrelang, LL.M. Lawyer Specialist in International Business Law Specialist in Commercial and Corporate Law Antitrust damages: The ECJ had
Compensation for cartel violations - cartel agreements are no longer worthwhile! This is the clear conclusion of the latest developments in antitrust law. Cartels are uncovered again and again: that
Disputes between shareholders in a company often end up in court because personal quarrels and serious violations of the articles of association or the duty of loyalty prevent the company from continuing constructively. dr Christian Andrelang, LL.M. As a specialist lawyer for commercial and corporate law, he examines the legal options for you to leave a company or exclude a shareholder. An important reason is regularly required for an exclusion. An important reason is, for example, a violation of non-competition clauses, bribe payments or behavior that is harmful to business. If the articles of incorporation do not provide for a right of resignation or termination, or if the shareholders' meeting does not agree, the resignation of a shareholder also requires an important reason.
The shareholders' meeting decides on the exclusion of a shareholder. The affected shareholder is not entitled to vote. However, he can contest the shareholders' resolution if there is no sufficiently important reason for the resolution. The shareholders' meeting can also decide on the dismissal as managing director if the shareholder is also the managing director. The constellations are diverse. Therefore, benefit from my expertise as a specialist lawyer for commercial and corporate law if you have any questions.
It should always be noted that someone is a shareholder for as long as he is entered in the list of shareholders in the commercial register. Court proceedings can take a long time. An agreement is often reached on the departure of a shareholder and the payment of a severance payment. Their calculation is complicated. There are often provisions on this in the articles of association. However, these are often ineffective – despite notarization. Here, too, I am at your side as a lawyer with my experience.
As a specialist lawyer for commercial and corporate law, every shareholder dispute represents a special challenge. Every shareholder dispute is a complex problem in GmbH law, which often has significant consequences
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There can be a variety of reasons why you choose to go to court. For one thing, it may not be possible to resolve your dispute out of court. On the other hand, there are certain legal claims that can only be clarified in court and the consequences of which are only effective for you or your partner. In any case, a civil process requires a litigation strategy.
The following questions must be answered before filing a lawsuit:
Dr. Christian Andrelang, LL.M. is happy to assist you as a lawyer and legal representative in claims for damages arising from breaches of contract or unlawful acts. If a court hearing has resulted in a verdict, an appeal before the Higher Regional Court often follows. As your lawyer, I can take on your case as a legal representative before the Higher Regional Courts nationwide and fight it out on your behalf.
If you would like to make use of my services as a lawyer and specialist lawyer for corporate and commercial law, please do not hesitate to contact me at any time.
You can reach my law firm andrelang law by telephone on the number 089/2020 1272, per email to candrelang@andrelang-law.com or about that online contact form. I look forward to welcoming you to my office soon.
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