We provide the following servicesT for companies with business in France or Germany. Our clientèle comes from a wide variety of industries.

Services

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Arbitration — as we understand it

What you need to know

  • Arbitration proceedings are often much faster than state prodeedings.
  • Arbitration proceedings are very often settled before the end of the procedure.
  • The applicable arbitration law changes depending on the place of arbitration.
  • There are fundamental differences between German and French arbitration law.

Arbitration

What we can do for you

  • assessment of the prospects of success of arbitration proceedings
  • representation in arbitration proceedings
  • representation in the enforcement of arbitral awards
  • representation in annulment proceedings
  • representation in recours en révision (special appeal against arbitration awards under French law) 
  • advice on the use and drafting of arbitration clauses in contract negotiations

Our expertise

  • experienced and trilingual arbitration lawyers with dual studies in German and French law 
  • support of companies in arbitration proceedings in German-French context

A selection of our most recent mandates

  • Accessory supplier in the automotive sector
    Representation in a dispute concerning a commercial agency agreement (ICC proceedings, place of arbitration Germany)
  • French shipping agent
    Representation after termination of a liner shipping contract (ad hoc procedure, place of arbitration Germany)
  • Operator of a nationwide network of petrol stations in an African country
    Representation vis-à-vis the supplier of refined products in a dispute concerning a distribution agreement (ICC proceedings, place of arbitration France)
  • Swiss financial institution
    Strategic advice in the context of a multi-party proceeding under French law, inter alia regarding allegations of corruption in connection with a major international project (ICC proceedings, place of arbitration France) as well as representation in a annulment procedure in France for violation of the Ordre Public
  • Digital innovator in the automotive sector
    Representation in the assertion of claims arising out of a license agreement (CMAP proceedings, place of arbitration France)

Medico-legal expertise / Expert witnesses

What we can do for you

  • consulting for clients and their insurers in all matters relating to expert opinions and French civil liability legislation
  • assessment of the prospects of success of an application to initiate arbitration proceedings
  • representation in medico-legal proceedings:
  • preparation of all written pleadings

Our expertise

  • over 20 years of experience in medico-legal proceedings
  • more than 8 experienced litigators
  • extensive network of competent experts in France

A selection of our most recent mandates

  • German SME specialising in metallurgy
    Forensic expertise in a civil liability action in connection with a works contract
  • SME specialising in solar technology (and its insurer)
    Representation in large-scale forensic proceedings (in relation to more than 6,500 systems sold)
  • Global supplier of agricultural machinery
    Representation in forensic proceedings (fire assessment)
  • Kitchen appliances supplier
    Representation in forensic proceedings regarding serial damage caused by a microwave oven
  • Manufacturer of PV systems
    Representation in an independent procedure of taking evidence concerning the alleged defectiveness of PV modules
Banks — as we understand it

What you need to know

  • Unlike in Germany, collateral in France is generally on an ancillary basis. Consequently, the concept of Grundschuld (non-accessory land charge) does not exist in France.
  • The assignment of collateral for goods and global assignment is not possible in the form known in Germany.

Verify, order and liquidate collateral

What we can do for you

  • presentation of the differences between individual collateral instruments in France and Germany
  • drafting contracts for the provision of security (mortgages, independent guarantees, sureties, pledging of business operations, pledging of company shares, etc.)
  • review and valuation of collateral in France and Germany
  • collateral recovery in France and Germany (including insolvencies)

Our expertise

  • great team of experienced contract lawyers
  • over 20 years of experience in French and German banking and credit security law
  • regular recommendation by German corporate lawyers as the leading law firm in French employment law

A selection of our most recent mandates

  • Bank specialised in mid-size companies
    Ongoing advice to two banks with regard to the legal aspects of their central settlement systems in France and the realisation of collateral in the event of a claim
  • Major regional bank
    Enforcement of enforceable claims and contestation in the context of French private insolvency proceedings
Claims management — as we understand it

What you need to know

  • On average, invoices in France are only paid after more than 70 days, in Germany in 52 days.
  • Dunning procedures are often more successful in France than in Germany.
  • Debtors can be persuaded to pay using a temporary seizure of an account.

Enforcement of claims

What we can do for you

  • drafting of a legal dunning letter
  • negotiations with the debtor
  • conducting legal dunning procedures and actions for payment in Germany and France
  • initiation of measures to secure payment
  • registration of your claims in debtor insolvency proceedings
  • enforcement of proprietary rights

Our expertise

  • more than 20 years of experience in cross-border debt collection
  • regular, ongoing consulting and debt collection companies for debt collection in France and Germany
  • comprehensive consulting thanks to in-house interfaces with experienced insolvency and contract lawyers

Enforcement of titles

What we can do for you

  • conduct proceedings for the recognition and enforcement of foreign judgements (including exequatur proceedings)
  • consulting on appropriate enforcement measures
  • search for competent court officers and assigning them to execute the judgement
  • communication with the court officer during the enforcement phase

Our expertise

  • more than 20 years of experience in cross-border debt collection
  • an experienced trilingual team
  • regular cooperation with efficient and active court officers from all over France and Germany
Commercial leases / Retail — as we understand it

What you need to know

  • Commercial leases under French law usually have a term of 9 years (3,6,9), while in Germany, so such legal term exists.
  • In France, an entry fee is often to be paid to enter into a rental agreement.
  • Many costs can be passed on to the tenant under French Law.

Conclusion of a commercial lease agreement

What we can do for you

  • review of commercial lease agreements under French or German law
  • consulting on the early termination of a lease agreement
  • defence against claims of the landlord

Our expertise

  • great team of specialized attorneys in the area of commercial leases
  • over 20 years of experience in the field of commercial leases
  • ongoing consulting on commercial leases for many French and German subsidiaries

A selection of our latest mandates

  • International car manufacturer
    Negotiation and drafting of several lease agreements and sublease agreements for logistics buildings in France, including several new halls to be built according to tenant specifications

Purchase of a commercial lease agreement (cession de droit au bail)

What we can do for you

  • review of the purchase contract for the commercial lease agreement (cession de droit au bail)
  • review of commercial lease agreement
  • negotiations with seller and landlord

Our expertise

  • great team specialist attorneys in the area of commercial leases
  • over 20 years of experience in the field of commercial leases
  • ongoing consulting on commercial leases for many French and German subsidiaries
Competition law — as we understand it

What you need to know

  • Violations of competition law in France are the responsibility of the DGCCRF, which has broad investigative powers.
  • Prices and discounts are strictly regulated in France.
  • The Toubon language protection law applies in France, and foreign companies must also comply with this law.

Verification of the legality of promotional campaigns or discounts

What we can do for you

  • presentation of the French legislative framework
  • evaluation of the legality of advertising campaigns, advertising slogans, sweepstakes or prize policies

Our expertise

  • more than 6 experienced contract lawyers
  • over 20 years of experience in French and German competition law

Consulting and support in DGCCRF competition proceedings

What we can do for you

  • explanation of liability risks
  • development and implementation of a defence strategy
  • support during appointments and drafting of all correspondence with the authorities
  • advice and representation in judicial or administrative proceedings

Our expertise

  • more than 6 experienced contract lawyers
  • over 20 years of experience in French competition law
Construction law — as we understand it

What you need to know

  • In France, the companies involved in construction are liable for ten years (responsabilité décennale). For this purpose, compulsory insurance is generally required.
  • Under French law, the main contractor must provide each subcontractor with a guarantee for the total remuneration of the work when the contract is concluded.
  • The main contractor may be liable for the subcontractor's failure to comply with tax and social security regulations.

Construction projects in France and Germany

What we can do for you

  • consulting in the planning and implementation of a construction project in France and Germany
  • tax structuring of your construction project
  • application for building and other permits (in cooperation with an architectural firm)
  • correspondence with the French or German authorities

Our expertise

  • over 15 years of experience in French and German construction law
  • regular recommendation by German corporate lawyers as the leading law firm in French employment law

Participation in public tenders

What we can do for you

  • consulting in the run-up to the tender (including with regard to liability risks)
  • consulting regarding cooperation within the consortium
  • review and revision of all contract documentation (tender documents, subcontracts)
  • consulting in connection with the secondment of employees
  • consulting with regard to cooperation with subcontractors and mandatory French subcontractor law
  • appellate procedure

Our expertise

  • we have provided support for companies on tendering projects in France and Germany for more than 15 years
  • regular recommendation by German corporate lawyers as the leading law firm in French employment law

A selection of our most recent mandates

  • Manufacturer of railway sleepers
    Support for inclusion in the SNCF supplier pool
  • Market leader in combined heat and power plant construction
    Support in the negotiation of a plant construction contract with a major French city
  • Market leader in hospital construction
    Support in the negotiation of a building contract for the construction of a hospital with a major French city
Contract law / GTC — as we understand it

What you need to know

  • The UN Convention on Contracts for the International Sale of Goods is often advantageous for the seller in cross-border contracts.
  • As a seller, avoid the application of French law.
  • Certain liability risks can be covered in France by so-called DINC insurance.

Review or drafting of contracts

What we can do for you

  • drafting contracts of all types (in particular plant construction, cooperation, purchase, service and work agreements) in English, German and French
  • consulting on liability risks and their insurability
  • contract negotiation

Our expertise

  • over 20 years of experience in contract law
  • more than 8 experienced contract lawyers

A selection of our most recent mandates

  • SME group in the area of heating and power plant construction
    Regular review of plant construction contracts
  • Tea trading company
    Regular review of distribution contracts (retail)
  • Publicly traded electronic equipment manufacturer and service provider
    Regular review of sales and service contracts of German subsidiaries.
  • Certification company for online shops
    Consulting on the drafting of cooperation agreements
  • Leading provider of automotive parts databases
    Drafting and negotiation of a contract for the provision of data and services via an ASP platform with a major French car manufacturer
  • Market leader in the online footwear and clothing sector
    Examination of a logistics contract with a French logistics company

General terms and conditions

What we can do for you

  • consulting in the selection of the most appropriate legislation
  • drafting or adaptation of general terms and conditions for the French market (B-to-B or B-to-C)

Our expertise

  • over 20 years of experience in the area of general terms and conditions and contract drafting
  • more than 8 experienced contract lawyers
  • more than 100 contract reviews per year
Corporate law — as we understand it

What you need to know

  • The most common form of company in France is the SAS (simplified joint-stock company), in Germany, the GmbH.
  • No notary is required in France to create, change or sell a corporation while in Germany, any company related transaction has to be authentified by a notary.
  • Under French law, shareholder has no authority to issue instructions to the management, while he has under German law.

Incorporate a company

What we can do for you

  • consulting on the appropriate structure of the company and its management
  • drafting of articles of incorporation under French or German law
  • preparation of all formalities through to registration
  • consulting on social security and tax issues,
  • recommendation of a competent service provider for tax accounting, auditing, domiciliation and banks

Our expertise

  • great team of experienced corporate lawyers
  • over 20 years of experience in French and German corporate law
  • regular recommendation by German corporate lawyers as the leading law firm in French corporate law
  • more than 30 company incorporations per year
  • ongoing consulting for over 100 French and German subsidiaries

Winding down of a company

What we can do for you

  • explanation of options to wind down a structure (amicable or judicial liquidation, merger, suspension of the company, etc.)
  • preparation of all documents
  • dealing with formalities with the French and German authorities
  • cross-border mergers

Our expertise

  • great team of experienced corporate and insolvency/ liability lawyers
  • great team of experienced labour lawyers
  • regular recommendation by German corporate lawyers as the leading law firm in French corporate law

A selection of our most recent mandates

  • Worldwide manufacturer and developer of professional tools
    Cross-border merger of the German subsidiary into a French group company
  • International insurance company
    Cross-border merger from Germany to France
  • Supplier of solar power installations
    Closure of French subsidiary and settlement all tax issues

Ongoing corporate law consulting

What we can do for you

  • preparation of all resolutions for French or German companies
  • dismissal and appointment of managing directors
  • amendments to the articles of incorporation
  • changes in the Group (restructuring, cash pooling, profit transfer, tax consolidation)
  • preparation of annual accounts
  • recommendation of a competent service provider for tax accounting, auditing, domiciliation and banks

Our expertise

  • great team of experienced corporate lawyers
  • over 20 years of experience in French and German corporate law
  • ongoing consulting for over 100 French and German subsidiaries
  • regular recommendation by German corporate lawyers as the leading law firm in French corporate law

A selection of our most recent mandates:

  • ongoing consulting for more than 100 French and German subsidiaries
  • more than 50 annual accounts per year
  • SME in the field of mechanical engineering
    Termination of the managing director of a French subsidiary with 250 employees and subsequent resolution of the dispute
  • Internationally recognised manufacturer of milk pumps
    Negotiation of a termination agreement with the managing director with 20 years at the post and advising the new managing director on all aspects of French labour law
Data protection law — as we understand it

What you need to know

  • The competent data protection authority in France is the CNIL.
  • In Franco-German commercial transactions, both the DSGVO and German and/or French data protection law are applicable.
  • From May 2020, the CNIL will increasingly carry out audits of smaller companies.

Consulting in French and German data protection law

What we can do for you

  • general advice on German-French data protection law
  • review and adaptation of existing privacy statements
  • review and adaptation of other documents relevant to data protection (e.g. ADV contracts; contracts of joint responsibility, declarations of consent, information letters to employees or customers)

This is our expertise

  • regular advice to French and German companies on all questions concerning the DSGVO and French and German national data protection law

Selection of our latest mandates

  • Medium-sized group in heating and power plant construction
    Review and adaptation of various data protection documents
  • International operation company in the street-fashion business
    Examination and adaptation of various data protection documents
  • Webshop for automotive spare-parts
    Review and adaptation of the privacy policy for a web site
  • Softwaredeveloper for medical-app
    Review and adaptation of the privacy policy for an app
Distribution — as we understand it

What you need to know

  • A commercial agent’s settlement claim is twice as high in France as in Germany.
  • In some cases, very long deadlines have to be taken into account when terminating a distribution agreement.
  • A telephone number and address in France or Germany can boost sales figures.

Development of the distribution network

What we can do for you

  • presentation of possible courses of action
  • consulting and support in drafting contracts with distribution partners
  • support in the search for sales partners

Our expertise

  • over 20 years of experience in marketing
  • more than 8 experienced contract lawyers
  • extensive network of dependable partners in France and Germany (sales partner search, personnel etc.)
  • every year we guide more than 100 companies “across the border”

A selection of our most recent mandates

  • Europe-wide supplier of costume jewellery
    Development of French sales organisation (subsidiary, retail concepts/franchise)
  • Market leader in footwear retail
    Development of French sales organisation (subsidiary, lease agreements, etc.)
  • German SME in the plant maintenance sector
    Development of French sales organisation

Commercial agent and distributor agreements

What we can do for you

  • consulting in the selection of an appropriate distribution contract
  • presentation of financial benefits and risks
  • drafting of a distribution agreement (commercial agent or authorised dealer) in German and French
  • enforcement of and defence against claims for compensation

Our expertise

  • over 20 years of experience in marketing
  • more than 10 experienced contract lawyers
  • extensive network of dependable partners in France (sales partner search, personnel etc.)
  • every year we guide more than 100 companies “across the border”

A selection of our most recent mandates

  • Original equipment manufacturer in the automotive and brake industries
    Review and revision of dealer contracts and other sales contracts with French customers
  • Europe-wide manufacturer of spice mixtures
    Consulting in the drafting and negotiation of a dealer contract
  • Major German brewery
    Drafting of all contract documentation relating to the distribution of beer in France
  • Automotive drive and chassis supplier
    Consulting on drafting contracts with automotive companies

E-commerce

What we can do for you

  • consulting on the development of an online shop in France
  • drafting of all contract documentation
  • consulting on general data protection regulations

Our expertise

  • over 10 years of experience in online commerce
  • more than 8 experienced contract lawyers

A selection of our most recent mandates

  • German fashion designer
    Consulting on setting up an online shop
  • German SME (leather footwear)
    Consulting and support in all matters relating to e-commerce
  • German online eyewear manufacturer
    Consulting and support on all aspects of e-commerce
  • Online dealer of spare parts and car accessories
    Ongoing advice on legal aspects of online trade in France, adaptation of the general terms and conditions
  • European-wide shoe retailer
    Advice on legal aspects of online trade, adaptation of the general terms and conditions and the privacy policy
  • German fashion group
    Advice on the legal framework of price marking and sales in online trade
  • Large French manufacturer of razor blades and razors
    Legal advice on the legal design of a German online shop
Insolvencies / Restructuring — as we understand it

What you need to know

  • Under French law, the managing director must petition for insolvency within 45 days of the occurrence of insolvency (cessation de paiements).
  • Under German law, the managing director must petition for insolvency either after insolvency (cessation de paiements) or an excessive debt (Überschuldung).
  • In the event of insolvency, the liability of the managing director or the parent company quickly comes into play.

Consulting in the context of an impending insolvency

What we can do for you

  • consulting on avoiding insolvency (refinancing, restructuring, sale) in France and Germany
  • mitigating liability risks for management and parent company
  • consulting and support within the scope of filing an insolvency application
  • representation in court and cooperation with the insolvency administrator

Our expertise

  • over 20 years of experience in the field of French insolvency law
  • successful implementation/ support for several large-scale and small-scale proceedings, including high levels of media coverage in some cases
  • regular consulting for German SMEs on the closure of their French subsidiary caused by insolvency/liquidation proceedings

A selection of our most recent mandates

  • Leading company in the chemical industry
    Consulting and support in the insolvency of the subsidiary in France including successful sale to investor (approx. 50 employees)
  • Listed equity investment company (investment value approx. 1 billion)
    Support and crisis consulting in post-merger, representation vis-à-vis insolvency administrator
  • A world market leader in the carbon-black sector
    Consulting on insolvency law prior to the closure of a site
  • World market leader for hardware parts
    Consulting and support during the closure or relocation of a company to another location

Restructuring

What we can do for you

  • calculation of costs and risks of a plant closure in Germany and France
  • search for alternatives to closure (refinancing, sale, termination procedures, etc.)
  • implementation of the restructuring (relocation, partial closure of operations, social plan, etc.)
  • communication and settlement with authorities and parties involved in proceedings
  • initiation of insolvency proceedings

Our expertise

  • over 20 years of experience in the field of restructuring in France
  • successful implementation/ support for medium-sized and large restructuring projects
  • regular consulting for German SMEs on the restructuring of their French subsidiary

A selection of our most recent mandates

  • Leading global supplier of seeds and seedlings
    Consulting and successful support in closing French subsidiary with more than 50 employees
  • A world market leader in the carbon-black sector
    Execution of a collective dismissal within the framework of the closure of a location and avoidance of insolvency
  • World market leader for hardware parts
    Consulting and support during the closure or relocation of a company to another location

 

Purchase or sale in crisis / insolvency

What we can do for you

  • review of the option of selling the company during the crisis
  • support in the search for potential buyers
  • consulting and support within the scope of projects involving the purchase of distressed companies
  • drafting a sale offer out of insolvency including communication with the parties involved in the proceedings

Our expertise

  • over 20 years of experience in the field of insolvencies in France and Germany
  • successful implementation/ support for numerous purchase and sale projects in the context of a crisis / insolvency

A selection of our most recent mandates

  • European market leader in dry pet food
    Consulting and successful support in the purchase of a French company out of insolvency (140 employees)
  • Listed equity investment company
    Consulting on the acquisition of a company out of insolvency
Labour law — as we understand it

What you need to know

  • In France, most employment contracts are governed by a collective agreement, in Germany, only few.
  • Social security contributions for employers in France amount to about 42 %, in Germany about 21 %.
  • Terminations in France are subject to a specific procedure, while they are simple to handle under German labour law.

Hire employees

What we can do for you​

  • drafting of an employment contract under French or German law
  • consulting in the negotiation of salary and choice of collective agreement
  • consulting on social security and tax issues, expenses and use of company cars
  • recommendation of a competent accounting service provider (payroll accounting, additional insurance, declarations to the authorities)

Our expertise

  • great team of experienced labour lawyers
  • over 20 years of experience in French and German labour law
  • more than 200 employment contracts per year
  • ongoing consulting for over 100 German and French subsidiaries
  • regular recommendation by German corporate lawyers as the leading law firm in French employment law

Lay off employees

What we can do for you

  • explanation of the termination procedure in France or Germany
  • calculation of termination costs and severance payments
  • consulting on the appropriate strategy, recommendations for action
  • drafting of the necessary documents
  • settlement of employment relationships with payroll accounting and authorities
  • representation of your interests in French and German labour courts

Our expertise

  • great team of experienced labour lawyers
  • over 20 years of experience in French and German labour law
  • ongoing consulting for over 100 German and French subsidiaries


A selection of our most recent mandates

  • At least 150 terminations per year including amicable termination of contract (rupture conventionnelle) or legal proceedings
  • SME in the field of mechanical engineering
    Termination of the managing director of a French subsidiary with 250 employees and subsequent resolution of the dispute
  • International insurance company
    Support since foundation of the French subsidiary in 2007 concerning all issues relating to individual and collective labour law (in particular termination proceedings)
  • Internationally recognised manufacturer of milk pumps
    Negotiation of a termination agreement with the managing director with 20 years at the post and advising the new managing director on all aspects of French labour law

Consulting for current employment contracts

What we can do for you

  • consulting on all issues of employee representation in France and Germany (représentant du personnel, comité d’entreprise, Betriebsrat etc.)
  • consulting on all issues of occupational health and safety
  • drafting of company rules
  • consulting and representation for occupational accidents
  • consulting and support on all issues relating to secondment

Our expertise

  • great team of experienced labour lawyers
  • over 20 years of experience in German and French labour law
  • regular recommendation by German corporate lawyers as the leading law firm in French employment law
  • ongoing consulting for over 100 German and French subsidiaries

A selection of our most recent mandates

  • Medium-sized company in professional football
    Support of the French subsidiary in all questions of individual and collective labour law as well as judicial enforcement of a confidentiality agreement under labour law
  • Internationally recognised manufacturer of milk pumps
    Negotiation of new working hours conditions in the plant (works agreement)
  • World market leader for seals and closures
    Support and advice for the establishment of a works council (CSE)
  • Plant constructor in the field of bottling plants for the beverage industry
    Support and communication with the competent occupational health and safety authority (inspection du travail)

Restructuring / Social plan insolvency

What we can do for you

  • explanation of the collective termination procedure in France or Germany
  • calculation of termination costs and consideration of alternatives (sale, insolvency, partial spin-off, etc.)
  • review of risks for the parent company and management
  • preparation of all documentation and recommendations for action
  • coordination with employee representatives
  • communication with the labour authorities
  • settlement of employment relationships with payroll accounting and authorities
  • representation of your interests in French or German labour courts

Our expertise

  • great team of experienced labour lawyers in the field of restructuring
  • regular, ongoing consulting for foreign parent companies on the restructuring of their French or German subsidiaries
  • excellent network of complementary service providers (integration assistance, project managers, payroll accounting)

A selection of our most recent mandates

  • Leading global supplier of seeds and seedlings
    Successful execution of a collective dismissal as part of the closure of a site (none of the 50 employees filed a lawsuit against the dismissal).
  • Subsidiary in the field of direct marketing
    Operational redundancies of 30 employees in France with social plan (no employee has filed a complaint)
  • A world market leader in the carbon-black sector
    Execution of a collective dismissal within the framework of the closure of a location
  • World market leader for hardware parts
    Consulting and support during the closure or relocation of a company to another location
  • Worldwide active developer of medical software products
    Restructuring with closure of a department of the French subsidiary
Litigation — as we understand it

What you need to know

  • France has different legal procedures than Germany.
  • France does not have a fee schedule comparable to that of the German RVG (Law on the Remuneration of Attorneys).
  • The plaintiff does not pay an advance on legal costs in France.
  • The losing party only rarely has to reimburse the costs of the opposing party.

Litigation

What we can do for you

  • assessment of the prospects of success of a lawsuit
  • representation at all courts in France and Germany
  • preparation of all written pleadings
  • settlement negotiations
  • pleading

Our expertise

  • over 20 years of litigation experience
  • more than 8 experienced litigators
  • extensive network of dependable registered attorneys and court officers throughout France

A selection of our latest mandates

  • German medium-sized company (forging technology and contract manufacturing)
    Legal representation in liability suit arising from contract for work (€ 5.2 million in dispute)
  • Major Swiss bank
    Legal representation in a liability suit from international project business (€ 400 million in dispute)
  • Market leader in solar roofing
    Advising and assisting the client in a case concerning serial damage (6,500 installations) before the Lyon Commercial Court (evidence and main proceedings)
  • Importer/wholesaler of household electrical appliances
    Representation in an independent evidence procedure in France against claims arising from product liability due to a fire in a detached house
  • Worldwide manufacturer of feeding systems and barn equipment
    Defense against accusations of unfair poaching of a competitor's employees
  • Event organiser
    Defence of unjustified payment claims of a former partner company before the Paris commercial court

Arbitration

Mediation

M&A — as we understand it

What you need to know

  • Contrary to France, the sale of shares is carried out in notarial form in Germany.
  • However, in Germany, such deeds (SPA) are very often prepared by lawyers.
  • In case of an acquisition of a company in France, it is necessary to pay a registration tax, but not in Germany.
  • As in Germany, the acquisition of a company in France often takes place in three steps – LOI, due diligence and business acquisition agreement.

Acquisition of a company

What we can do for you

  • complete control of the purchase / sales process in both languages
  • due diligence for French companies and preparation of the report in German
  • preparation of all documents in German and French (letter of intent, confidentiality agreement, SPA, shareholder agreements, etc.)
  • strategic consulting at all stages of the purchase or sale process

Our expertise

  • great teexperienced corporate, labour and tax lawyers
  • more than 20 years of experience in the field of M&A
  • more than 10 cross-border M&A projects per year
  • regular recommendation by German corporate lawyers as the leading law firm in French law

A selection of our most recent mandates

  • Leading global provider of technologies and services for the international tobacco industry
    Support in the acquisition of a French subsidiary
  • Leading French provider of international freight management and overseas logistics services
    Support in the acquisition of a German subsidiary
  • Prestigious private equity company
    Support in the acquisition of a French subsidiary
  • Leading global healthcare software company
    Consulting on acquisition, restructuring and transformation of various French subsidiaries
  • Market leader in decorative articles (e-commerce)
    Consulting for the acquisition of a competitor in Germany

Joint ventures / Mergers

What we can do for you

  • complete control of the joint venture or merger project
  • consulting on project optimisation and structuring (with qualified tax advisors)
  • LOI and due diligence
  • preparation of all documents in German and French (shareholder agreement, merger agreement, management agreement, etc.)

Our expertise

  • great team of experienced corporate, labour and tax lawyers
  • 20 years of experience in the field of joint ventures / merges
  • regular implementation and monitoring of mergers and acquisitions

A selection of our most recent mandates

  • Worldwide manufacturer and developer of professional tools
    Cross-border merger of the German subsidiary into a French group company
  • International insurance company
    Cross-border merger from Germany to France
  • European market leader in France in the affinity sector
    Support and consulting in the acquisition of a competitor as well as the formation of a joint venture
Mediation — as we understand it

What you need to know

  • A mediation is confidential and allows for "win-win" solutions.
  • It works! Mediation has a very high success rate (over 80 % according to most statistics).
  • Mediation can usually resolve a dispute at a much lower cost than court or arbitration proceedings.
  • At any time, the parties can extend the mediation to issues beyond the original conflict and thus achieve a more comprehensive and sustainable conflict resolution.

Mediation

What we can do for you

  • accompaniment as a party representative in mediations
  • mediation in conflicts between companies
  • mediation in conflicts within companies
  • mediation in an international context (German/French)
  • mediation in disputes between private individuals (e.g. inheritance disputes, neighbourhood disputes)
  • conducting German-French mediation proceedings

Our expertise

  • many years of experience in mediation
  • 2 certified trilingual mediators (English/German/French)

A selection of our most recent mandates

  • Leading provider of automotive parts databases
    Party representative in a German-French mediation in a long-standing legal dispute with a major French customer
  • French commercial agent
    Mediation as party representative regarding claims for information, compensation and commission against a German trading company
Public procurement law — as we understand it

What you need to know

  • Public procurement opportunities in France or Germany you will find here.
  • France has a special right for subcontracting.
  • In France, the main contractor may provide a guarantee in favour of his subcontractor.

Participation in public tenders

What we can do for you

  • consulting in the run-up to the tender (including with regard to liability risks)
  • consulting regarding cooperation within the consortium
  • review and revision of all contract documentation (tender documents, subcontracts)
  • consulting in connection with the secondment of employees
  • consulting with regard to cooperation with subcontractors and mandatory French subcontractor law
  • appellate procedure

Our expertise

  • experienced attorneys in the field of public procurement
  • we have provided support for German-speaking companies on tendering projects in France for more than 15 years

A selection of our most recent mandates

  • Manufacturer of railway sleepers
    Support for inclusion in the SNCF supplier pool
  • Market leader in combined heat and power plant construction
    Support in the negotiation of a plant construction contract with a major French city
  • Market leader in hospital construction
    Support in the negotiation of a building contract for the construction of a hospital with a major French city
Real estate / Estate law — as we understand it

What you need to know

  • In France, other holding periods apply to the taxation of sales of real estate.
  • When selling or buying a property, you can choose your own notary. This results in cost sharing between the notaries.
  • If you acquire, sell or inherit a real estate in France, a notary has to be appointed.
  • The estate tax return in France must be declared within 6 months (or 1 year in case of passing outside of France) of the date of death.

Acquire real estate

What we can do for you

  • consulting on tax optimization of the purchase and clarification of estate law issues
  • review of the pre-contract (promesse de vente / avant contrat)
  • review of the notarial sales contract
  • completion of the purchase and communication with the French notary public

Our expertise

  • 20 years of experience in the field of German-French estate law
  • 4 experienced estate lawyers
  • network of competent notaries and tax consultants in Germany and France

Inheriting real estate

What we can do for you

  • consulting on the options available under estate law
  • arranging estates and communication with the French notary public
  • review of all the notarial deeds: declaration of estate tax return (déclaration de succession), inheritance deed (acte de notoriété), real estate deed (attestation immobilière)

Our expertise

  • 20 years of experience in the field of German-French estate law
  • 4 experienced estate lawyers
  • Network of competent notaries and tax consultants in Germany and France

A selection of our most recent mandates

  • Internationally active operator of student residences
    Negotiation and coordination of the acquisition of a property in Germany
Renewable energies — as we understand it

What you need to know

  • By 2030, Renewable Energies must cover 40 % of electricity generation in France and 65 % in Germany.
  • With the PPE (programmation pluriannuelle de l’énergie), France wants to revitalise the Renewable Energy sector.
  • In Germany, the legal framework for Renewable Energy is set by the Renewable Energy Act (EEG).

Biogas

What we can do for you

  • consulting on the creation, acquisition and sale of biogas companies in France or Germany
  • drafting and negotiation of plant construction contracts
  • consulting and support in all administrative matters including grid feed-in
  • consulting on all issues of French and German subcontractor law
  • consulting in all issues relating to secondment

Our expertise

  • over 10 years of experience in the field of renewable energies
  • regular consultation with German biogas companies in France
  • close cooperation with French and German planning offices and architects

Wind and hydroelectric power

What we can do for you

  • consulting on the creation, acquisition and sale of wind/hydroelectric companies in France or Germany
  • drafting and negotiation of plant construction contracts
  • consulting and support in all administrative matters including grid feed-in
  • consulting on all issues of French or German subcontractor law
  • consulting in all issues relating to secondment

Our expertise

  • over 10 years of experience in the field of renewable energies
  • regular advice of French and German wind/hydroelectric companies in France and Germany
  • close cooperation with French and German planning offices and architects

Solar energy

What we can do for you

  • consulting on the creation, acquisition and sale of solar energy companies in France and Germany
  • drafting and negotiation of plant construction contracts
  • consulting and support in all administrative matters including grid feed-in
  • consulting on all issues of French and German subcontractor law
  • consulting in all issues relating to secondment

Our expertise

  • over 10 years of experience in the field of renewable energies
  • regular advice for German and French solar energy companies in France and Germany
  • close cooperation with French and German planning offices and architects
Tax law — as we understand it

What you need to know

  • Tax consulting in France is often provided by lawyers and not by tax consultants.
  • Corporate tax in France is 28 %, in Germany 25 % (2020).
  • Permanent establishments in France or Germany are liable to taxation there.
  • deliveries to consumers in France can only be invoiced without VAT below the delivery threshold of € 35,000 per calendar year, in Germany, the threshold is € 100,000

Consulting on all issues of French tax law

What we can do for you

  • consulting on avoiding a permanent establishment in France
  • tax optimisation of transactions in France
  • transfer pricing with a French subsidiary
  • consulting in all issues relating to cross-border taxation
  • consulting on all VAT issues
  • legal assistance in disputes and other proceedings with French tax authorities
  • consulting in connection with the succession or transfer of real estate
  • consulting on the taxation of assignments abroad (183-day rule)

Our expertise

  • experienced tax lawyers
  • over 15 years of experience in French tax law
  • ongoing consulting for more than 100 French subsidiaries of German-speaking companies on all aspects of French and international tax law
Trademarks / IP — as we understand it

What you need to know

  • The INPI is the French trademark office.
  • In France, the opposition period for the filing of a trademark is 3 months.
  • The duration of the opposition proceedings is limited to 6 months.
  • The period for opposition against trade mark applications is 2 months in France from the date of publication of the trade mark application in the BOPI Official Journal.
  • The opposition procedure takes place in France exclusively via the INPI online platform.

Register trademarks

What we can do for you

  • trademark collision check with regard to a planned trademark application
  • advice on trademark strategy (application for national trademarks, Union trademarks, IR trademarks)
  • consultation with regard to the brand form and the products and services
  • handling of the application procedure at the respective competent trademark offices

Our expertise

  • over 15 years of experience in the field of industrial property rights
  • 3 experienced trademark lawyers
  • regular registration of trademarks in France and Germany
  • regular recommendation by German corporate lawyers as the leading law firm in French law

Opposition

What we can do for you

  • examination of the prospects of success of the opposition against French or German trade mark applications
  • filing of the opposition and statement of grounds at the French or German Trade Mark Office
  • implementation of the appeal procedure in France or Germany

Our expertise

  • over 15 years of experience in the field of industrial property rights
  • 3 experienced trademark lawyers
  • regular recommendation by German corporate lawyers as the leading law firm in French law

A selection of our most recent mandates

  • Global trade and services group
    Ongoing trademark law representation and advice in relation to France, in particular regular opposition proceedings
  • German software manufacturer
    Opposition proceedings against three French trade mark applications
  • German online retailer
    Opposition proceedings against two French trade mark applications

Infringement / Invalidity proceedings

What we can do for you

  • examination of the prospects of success of infringement proceedings
  • extrajudicial warning of infringers
  • representation before all courts in France and Germany for interim relief and main proceedings
  • preservation of evidence concerning the infringement (saisie-contrefaçon, constat d'huissier)
  • conducting infringement proceedings in relation to trademarks, copyrights, competition law, design)
  • preparation of all pleadings in French and German
  • negotiation of comparative solutions and demarcation agreements

This is our expertise

  • more than 15 years of experience in the field of industrial property
  • regular recommendation by German corporate lawyers as the leading law firm in French law

A selection of our most recent mandates

  • French shoe manufacturer and licensor
    Infringement proceedings against German discounters
  • Shopping club for clothing
    Consulting and representation in infringement proceedings
  • Supplier of ergonomic office furniture
    Consulting and representation in infringement proceedings
  • Major German mail order group
    Numerous oppositions filed against a French trademark application
  • German online shop
    Filing of two oppositions against a French trademark application
  • Market leader in online footwear and apparel sales
    Consulting on opposition to a French trademark

 

Contracts concerning industrial property rights

What we can do for you

  • drafting of contracts concerning the use (license) or transfer of property rights (trademarks, designs, patents, copyrights), databases and know-how
  • drafting and negotiation of demarcation agreements
  • drafting of confidentiality agreements to protect know-how and business secrets
  • analysis of IP contracts within the scope of legal due diligence

This is our expertise

  • more than 15 years of experience in the field of industrial property
  • regular recommendation by German corporate lawyers as the leading law firm in French law

A selection of our most recent mandates

  • Leading supplier of automotive parts databases
    Renegotiation of a bilingual data user contract with a major French customer
  • Leading European footwear manufacturer and retailer
    Representation in a dispute concerning the early termination of a trademark sublicense agreement
  • Market leader in the field of online trading of shoes and clothing
    Drafting and negotiation of a trademark transfer agreement concerning a French word mark
  • Leading manufacturer in the field of electrical installation and housing technology
    Preparation of a patent license agreement for an employee invention
  • Leading manufacturer of debt collection software
    Review and adaptation of a software license agreement (rental software) for the French market
  • Manufacturer of machines for dehumidification, humidification, heating and ventilation
    Adaptation of a license agreement for a professional software for measurement data management for French customers
  • Worldwide operating software consulting company
    Review and adaptation of license terms for subscription software to German law
  • German software developer
    Draft and negotiation of a software license and maintenance contract with a French authority under French law

Feedback

Nothing is better than positive feedback directly from our clients. But we are also happy to see our firm appear at the top of professional rankings in France and Germany (Kanzleimonitor, Décideurs etc.), in particular

2014 – 2019: 5 times in a row „Leading law firm in France
2014 – 2019: 5 times in a row „Top 10 in West Europe
2019: 3x „Recommended“ in Labour Law (France)
2019: 2x „Recommended“ in Commercial dispute resolution and Arbitration (Germany)
2019: „Highly recommended“ in Commercial Litigation and Arbitration (France)

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Clients

» I couldn't have made a better choice! «

Sabine Auer
Head of Human Resources
SAG Innovation GmbH

» Thank you for your prompt and uncomplicated assistance. «

Riccardo Greco
Director Human Resources
Trusted Shops GmbH

» I was impressed by the quality of the support and the responsiveness of the attorneys at the firm. «

Joseph Banissan
Operational, Financial and Administrative Director
Caussade Saaten Vertrieb GmbH

» I've always appreciated how quickly you respond and your dedication to the task at hand. «

Dr. Holger Meyer-Oehme
Rechtsanwalt Legal Counsel
Dyckerhoff GmbH

» I have seldom received Information that is so timely and that meets all the needs! «

Ursi Keller
MISAPOR AG

» It is our privilege to be able to count on you and your teams, even when the going gets difficult. «

Human Resources Manager
Lighting systems supplier for the automotive industry

» Thank you so much for your support. Your quality work consistently met our requirements, with no unforeseen complications. «

Legal Counsel - Central Legal Department
Global automotive group

» I found it reassuring to know that we have partners on our side who know in advance what we need. «

HR Manager Germany and France
Lighting systems supplier for the automotive industry

The companies that have placed their trust in us over the years include small and medium-sized businesses, major groups, banks and insurance companies.

A huge Merci to our clients for their logos!

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Qivive Avocats & Rechtsanwälte Deutsch-französische Rechtsanwaltskanzlei hat 4,85 von 5 Sternen 133 Bewertungen auf ProvenExpert.com