Managing Directors – liability of the GmbH in case of bribery
The GmbH, for which a managing director worked, can be held liable for damage under certain conditions, for example in the case of bribery.
Direct sales by the manufacturer - competition for your own dealer
Is direct sales within the framework of a sales system - also called dual sales or dual distribution - legally permissible?
Competitive hindrance by poaching customers
Companies invest heavily in expanding and maintaining their customer base. This increases their market share and therefore their market position compared to competitors. They therefore have a legitimate interest in not losing their customer base through unfair competition or anti-competitive obstruction. In particular, the poaching of customers by other market participants, especially competitors, has a serious impact on companies. The poaching […]
Force majeure and scarcity of raw materials: delivery entitlement and liability
Einkäufer und Verkäufer haben beim Vertragsmanagement besonders wichtige Aufgaben: Sie müssen das allgemeine Risiko für den Einkauf einschätzen und einen rechtlich und kaufmännisch sicheren Vertrag verhandeln. Wichtige commercials wie Preise und Lieferzeiten müssen verbindlich festgelegt sein. Zugleich muss der Vertrag aber auch auf unvorhersehbare Ereignisse reagieren können. Die Bedeutung von Force Majeure und höherer Gewalt […]
Managing director liability - risks in the GmbH
Liability risks of the GmbH managing director Managing directors in a GmbH or members of the board of a stock corporation have special liability risks. Anyone who violates their duties as a managing director or board member is liable for damages. Breaches of duty and possibilities for compensation are becoming more and more important for my clients. D&O insurance, with which a GmbH can protect itself against damages and the management against its own liability [...]
Exhaust gas scandal compensation - manufacturer liability and immorality
Author: Dr. Christian Andrelang, LL.M. Attorney-at-law Specialist in international business law Specialist in commercial and corporate law Since the emissions scandal became public in September 2015, the higher courts have also been asking themselves the question of the extent to which the manufacturers of vehicles with manipulated emissions are liable to the buyers, even though the injured buyers did not buy the vehicles directly from the manufacturer. The emissions scandal […]