No one really wants legal proceedings in court. However, as a GmbH managing director or as the head of your company, you cannot always avoid a civil court case. As a specialist lawyer for commercial and corporate law and a specialist lawyer for international business law in Munich, I take over the litigation for my clients in legal disputes with suppliers, dealers, competitors and shareholders.
My experience in litigation representation includes, in particular, the following situations:
Sie können sich selbstverständlich voll und ganz auf meine und die Unterstützung meiner Kanzlei andrelang law in München verlassen. Fragen Sie mich unverbindlich an.
With my law firm in Munich, I support 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 the management, you have the duty as managing director to have possible claims for damages of the company against former managing directors examined and to claim them in court. According to the GmbH Act, claims for damages from a managing director become time-barred within five years of the breach of duty. Claims for damages start to become time-barred as soon as legal proceedings for damages can be commenced for the first time.
Each violation of duties of care can trigger the liability of the GmbH managing director or executive board. Often there is a so-called D&O insurance (Directors & Officers insurance), which pays for the damage. It should be noted that case law regards any gross negligence in a breach of duty as breach of trust. A managing director may therefore even be liable to prosecution.
Typical breaches of duty are violations of statutory regulations and prohibitions, such as the prohibition against paying or accepting bribes. As a lawyer, however, I often encounter negligent errors. Often, the employment contract of the managing director contains provisions 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 policy. In addition, it is necessary that the shareholders’ meeting approves the action against the managing director. As an experienced trial lawyer, I will advise you and your company on the requirements for liability of the managing director and a duty of the insurance company to indemnify.
Contact me if you need advice regarding managing director liability for a suffered damage.
In the event of insolvency, every managing director has a special liability risk. The managing director must immediately file for insolvency as soon as insolvency or overindebtedness has occurred. If a shareholder violates this obligation, he is liable to the company for damages. This is claimed by the insolvency administrator. 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 of the damage suffered. In such a case, a D&O insurance often covers the damage.
However, contractual partners of an insolvent company can also claim damages against its managing director. Often a client is in the situation that he has accepted orders from a company in the confidence that the company is solvent and willing to pay. If a managing director overlooks the fact that insolvency or overindebtedness has already occurred and still concludes contracts, the contractual partner can in principle claim damages. This is not directed at lost profit, but only at reimbursement of expenses for advance performance. However, your company can claim part of the damages directly against the managing director and is not dependent on the insolvency quota.
As a specialized trial lawyer and specialist lawyer for commercial and corporate law, I will be happy to represent you and your company as the injured party in enforcing your claims for damages at all courts, as well as at the company’s registered office as well as nationwide throughout Germany.
As an experienced lawyer with strong negotiating skills, I am happy to support you and your company in court proceedings. My areas of expertise are corporate law, antitrust law, international business and commercial law as well as distribution and competition law. I provide legal representation for:
My clients rely on my many years of experience in litigation as a lawyer, my negotiating strength and my sound commercial knowledge. In particular, I am of assistance as a lawyer in conflicts in supply relationships. If you and your company are injured parties due to a defective delivery, you are regularly entitled to claim damages. However, it is a prerequisite that you have complied with applicable regulations concerning the examination and notification of defects. Likewise, contractual agreements on liability risk and limitation of liability are important when examining claims for damages. My law firm will also be happy to represent you in claims for damages in the event of an unlawful termination of the contract.
As your attorney, I will also undertake litigation representation in the assertion of claims, such as for payment of the purchase price. If your company is the injured party, I examine the legal situation, possible damage positions and the contractual regulations. As a litigator, I am not bound to the location of my law office in Munich, so that I can support you nationwide.
Manufacturers, importers, wholesalers, retailers and commercial agents work closely together in the distribution of products. Often conflicts arise which can only be solved in court. As an experienced lawyer in Munich, I offer all companies in the various stages of trade legal representation of their interests in court. This also applies to cross-border distribution relationships.
The most common reasons for a court case in antitrust, distribution, corporate and commercial law are terminations of a contractual relationship and claims for damages. Commercial agents, authorized distributors and commission agents regularly attack a termination of contract to enforce claims for damages, commission, book excerpts and compensation.
Manufacturers and importers often complain about parallel imports and gray market deliveries by their distributors. Legal proceedings then often revolve around claims for injunctive relief and damages. Other breaches of contract, such as violations of exclusivity agreements by distributors or sales representatives, can also pose a liability risk for your company. As a specialist lawyer for international business law and a specialist lawyer for commercial and corporate law, I will gladly take over the litigation for the enforcement of your rights.
Frequently, disputes between shareholders of a company end up in court, because personal discord and solid violations of the partnership agreement or the duty of loyalty prevent a constructive continuation of the company. As a lawyer specializing in commercial and corporate law, I then examine the legal possibilities for you to withdraw from a company or to exclude a shareholder. As a rule, an important reason is required for an exclusion. An important reason is, for example, a violation of non-competition clauses, bribe payments or business-damaging behavior. Unless the articles of association provide for a right of withdrawal or termination or unless the shareholders’ meeting agrees, the withdrawal of a shareholder also requires good cause.
The shareholders’ meeting decides on the exclusion of a shareholder. The shareholder concerned is not entitled to vote. He can challenge the shareholder resolution, however, if there is no sufficiently important reason for the decision. The shareholders’ meeting can also decide on the dismissal as managing director if the shareholder is also managing director. The constellations are manifold. Therefore, benefit from my expertise as a specialist lawyer for commercial and corporate law if you have questions about this.
It should always be noted that someone is a shareholder as long as he is entered in the list of shareholders in the commercial register. Court proceedings can take a long time. It is often possible to reach an agreement on the withdrawal of a shareholder and the payment of a settlement. The calculation of this is complicated. There are often provisions 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.
Why you choose the legal way to your right can have different reasons. On the one hand, it may not be possible to settle your dispute out of court. On the other hand, it is about certain legal claims which can only be clarified in court and whose consequences for you or your partners are only then effective. In any case, civil litigation requires a litigation strategy or litigation strategy.
The following questions must be answered before filing a lawsuit:
I am happy to be at your disposal as a lawyer and litigator for claims for damages arising from breach of contract or tort. Once a trial in court has resulted in a verdict, an appeal often follows before the Superior Court. I can take on your case nationwide before the Higher Regional Courts as a litigator and fight it through for you.
Sollten Sie meine Dienstleistung als Rechtsanwalt und Fachanwalt für Gesellschafts- und Handelsrecht in Anspruch nehmen wollen, kontaktieren Sie mich jederzeit gerne.
Meine Kanzlei andrelang law erreichen Sie telefonisch unter der Nummer 089/2020 1272, per E-Mail an firstname.lastname@example.org oder über das Online-Kontaktformular. Ich freue mich, Sie bald in meiner Kanzlei begrüßen zu dürfen.