Advice on matters with a connection to Germany.

Situations with a connection to Germany are rarely confined to Germany. In practice we encounter constellations in which a German residence or a German account is the starting point, while the decisive acts took place abroad. A payment leaves a German account and arrives at a payment service provider in another Member State. A supply contract refers to German law, while the contracting partner holds assets exclusively abroad. A company with German business operations is held by a holding company abroad. In all these cases the substantive legal position is often less decisive than the question of which court has jurisdiction, which law applies and where a decision can actually be enforced in the end.

For situations with a connection to Germany, our work therefore begins with a classification rather than with a measure. We first examine whether a German court can have international jurisdiction – for example under the Brussels Ia Regulation, via the place of performance, via the place of the harmful event or via a consumer forum. In parallel we clarify which law is to be applied to the relationship. A choice of law in the contract is not always the end of the examination: in consumer contracts and in certain constellations, protective provisions remain applicable that cannot be waived by a choice of law. Only when these questions have been answered can a sensible decision be taken on a letter of claim, an action or a report.

The second focus lies on enforcement. A German title is in principle enforceable within the European Union without a separate recognition procedure; outside the European judicial area, recognition is governed by the respective national law and by existing agreements. That sounds technical, but it has immediately practical consequences: whether proceedings are conducted in Germany or in the state where the assets are located can determine how quickly and at what cost enforcement can ultimately take place. We therefore examine early where tangible assets exist, and align the sequence of steps accordingly.

A third area concerns fraud and scam constellations with a connection to Germany. Here civil and criminal paths frequently run in parallel: a criminal complaint can open investigative powers that private individuals do not have, while civil applications for information and protective measures serve to preserve assets. Both must be coordinated, because a step taken too early can set assets in motion before they are secured. How we proceed in such cases is described in detail in the Fraud & Scam practice area.

For companies with a connection to Germany, a prior level is added: drafting. Many disputes do not arise from the contested facts themselves, but from clauses that were not conceived for the cross-border case. A choice of law without a matching jurisdiction agreement, an arbitration clause that does not fit the specific contract type, or general terms and conditions that are not effectively incorporated abroad – such points often only become apparent when a dispute arises. We examine existing contracts in this respect and, if desired, draft adjustments for future agreements.

Equally relevant is the evidence situation. In cross-border proceedings, the taking of evidence is more burdensome than in a purely domestic case: witnesses are located abroad, documents are drafted in another language, and the requirements as to form and service differ. We point out early which documents will later be needed and in what form they should be preserved – not as a formality, but because incomplete documentation in the proceedings regularly works to the detriment of the party that wishes to rely on it.

We work in both directions: for clients with residence or registered office in Germany whose counterpart acts abroad, and for clients from abroad who have a matter with a German point of contact to clarify. Representation in court proceedings is in each case provided by locally admitted practitioners; our role is the coordination of that cooperation and a fixed point of contact for you. Binding statements about the outcome of proceedings are not possible in any of these areas – you will in every case receive a reliable assessment of the prospects, the effort and the risks before costs arise.