Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG.

But communication media has different sides. You can destroy the honor and reputation of a person unlawfully. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. Continue reading “Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press”

Portrait rights (Copyright Act), general right of personality and Press

The right to one's image

Where is the portrait rights regulated?

In “Law(this is) relating to the copyright in works of fine arts and photography” (Copyright Act) from 1907, as a general right, criminally in § 202a of the Criminal Code, as well as some in data protection legislation.

What is protected?

The right of personal portrayal protects photographs or records from access by other. That § 22 Copyright Act allowed only with the consent of the depicted images published or publicly displayed. The consent is in doubt as granted, if the person portrayed this, that he allowed himself to reflect, received a reward. After the death of the person depicted is required to expiration of 10 Years, the consent of the members of the depicted. Members under this Act, the surviving spouse and children of the person depicted, and if neither a spouse nor children are present, the parents of the depicted.

The production of portraits is not therefore recognized immediately, but certainly their distribution and public display. Unlike in copyright also just not the photo is protected as such, but the Sample. Continue reading “Portrait rights (Copyright Act), general right of personality and Press”

Data Governing Law / Privacy Law (with right of informational self-determination, Social Media Recht, BDSG)

Privacy law

Due to the high, easy availability of data, their predictability and processing in databases or other computerized systems is a policy of the central facets of current and future legal realities represent.

The protection of data is not solely in orginären Privacy Legal, but also in many other areas of law, such as intellectual property law and copyright (unauthorized Down-/Uploads protected works, Database right), Application.

In addition to its general data protection law many domain-specific data protection provisions in other laws. These are the general rules of the respective national data protection laws and the Federal Data Protection Act (BDSG) ago ( § 1 Abs. 3 and 4 BDSG). Continue reading “Data Governing Law / Privacy Law (with right of informational self-determination, Social Media Recht, BDSG)”

Competitive situations (including competition law and warnings injunction proceedings)

What is it about?

Competition law is in contrast to antitrust law advertising law; regulated the manner of advertising in terms of a single measure of the marketing mix. This is done regardless of the medium used, and detached from the relevant public. So it turns (also) represents a single letter of a company to a customer already as "advertising" in the legal sense.

Against anti-competitive behavior, the procedure is usually done by a warning along with solicitation of a imitator. It is an unregulated legal institution. A sample warning letter can be found here. The right Abgemahnt must usually abmahnenden the competitors will refund the cost of the lawyer's use. These costs start at around. 500 EUR in the case of relatively simple, "Hazardous" violations and to quickly reach the middle four digits. Even in light of this fact, the prior examination of the marketing activity is recommended.

Are otherwise not sufficient content desist, may take legal action by the competitor. After the expiry of a warning – often short – bemessenen Deadline, can einstweiliges available procedures are performed. The overall process is able to include two and three summary proceedings on the merits. Continue reading “Competitive situations (including competition law and warnings injunction proceedings)”

Contract law (Contracts, Terms creation) and contract review

Horak lawyers across the civil- versed and contract law. We are used to, to set us apart with the economic concerns of our clients, to translate these into customized formulations and appropriate contractual interest.

Of course we support the interests of our clients even after a legal dispute over the contract beyond the end. We put the needs of the clientele to be enforced by or. defend them against insolvency. Here, we do not content ourselves with routine measures. We help our clients with specialist knowledge in the field of law enforcement and the Insolvency Act to enforce his claims.

General and specific administrative law, particular management Business Law

Of public issues of construction- investment planning and environmental law in addition to the environmental audit and environmental impact, we manage your project from quite practical point of view, including approval procedures and such before the administrative courts. In particular, a temporal acceleration is often of particular importance. We will, for example, in pollution control law, Waste legislation, Preservation law. Planning law, Commercial Law. Medicines- genetic engineering and legal work.

Procurement law (with VOF,FLIGHT,VOB,public tender,restricted tender,direct award)

Procurement includes the Contracts for services (FLIGHT), for construction (VOB), for the professions (VOF), EU public procurement law, Part of the ARC (Antitrust Law) and the fees for architects and engineers (HOAI).

The procurement law aims to give competing companies the opportunity, against an error of law in awarding public Proceed orders.

The Federal Ministry of Economics provides the relevant standards for download at the following topics:

  • Act against Restraints of Competition (GWB, Antitrust Law):
    In the fourth part of the Competition Act (GWB – Act against Wettbewerbsbeschrnkungen) the general principles of public procurement and regulated the procedure to review the procedure normalized the procurement chambers and the high courts.
  • Procurement regulation (PsV)
    The Regulation on public procurement (Procurement regulation) in the revised Notice of 11. February 2003 obliges the contracting authority from a certain amount of the order on the application of Verdingungsordnungen. You can view the current regulation here downloaded from the website of the Federal Ministry of Economics.
  • VOF 2002
    With effect from 01.11.97 are the specifications for Freelance Services – VOF (published in the Federal Gazette No.. 164 and vom 3.9.1997) came new rules for the allocation of services in European power. They are of all contracting authorities in achieving the EU thresholds (VOF: z.Zt. approximately € 200.000,-) Note, with the particularity, that certain entities (more) are excluded, namely the utilities sector (z.B. municipal Eigenbetriebe the water, Energy- and transport).
  • Verdingungsordnungen (VOL / VOF / PDB) The Verdingungsordnungen VOL / A, VOF and the VOB / A contain the detailed provisions of the procurement of goods, Services- and works. The VOB available from the Federal Ministry of Transport, Construction and Housing (BMVBW) deposited.
  • Common procurement vocabulary (CPV)
    Since the 1. January 1999 is an updated version of the Common Procurement Vocabulary (CPV – Common Procurement Vocabulary) for describing the object as recommended by the EU Commission in force. The current version of the CPV is as follows reached:

The Federal Cartel Office moreover provides a (free) Decisions to award procedures.

Under procurement law all the rules and regulations is to understand, dem State, require its agencies and institutions have a definite procedure for purchase of goods and services. Procurement law is the formal framework of tendering, to which the contracting authority as the bidding companies are bound in the same way. Should a party to the tender process against the legal formalities, this can have serious consequences for him. Violations on the part of the contracting authority can lead to the cancellation of the tender or recently even justify claims for damages of tenderers. Violations on the part of the bidding companies in many cases lead to, The offer may not take into consideration the given.

Horak Attorneys accompany both contracting authorities and companies bidding in tendering procedures. In addition to the full implementation of tendering procedures, are contracting equally on request only partially in the selection of the correct procedure, the preparation of tender documents, support the formulation of the text as well as notice of the bid evaluation. Companies bidding for tenders shall be made formally correct, monitor the tender process, secured granted surcharges and possible recourse tested. In addition, the bidder will be represented in the appeal procedures.

What principles are to be observed ?

Of the Competition Act (insbesondere § § 97, 101 GWB) can extract the following principles:

  • Transparency (Publication of the tender, Binding to publication, Documentation of the proceedings in the case file)
  • Competition (free access to the procedure, Offer a proper account of all bidders, Involving multiple bidders, Prohibitions of anti-competitive behavior of clients and buyers, Bid for the production of fair competition)
  • Equality (Requirement of equal treatment of all tenderers, Prohibition of discriminatory practices, Principle of neutrality)

What forms of contract exist and when must be as advertised ?

There are three types of award:

  • ·public tender
    Basically, the public tender priority over other tender types is to give. From an order value of 25.000 € is basically out to public.
  • restricted tender
    When restricted tendering, the group of potential applicants is limited by the client of a few. The contract value must 25.000 Not exceed €.
  • direct award
    With the mutual agreement of the contracting authority may award the contract to a contractor of their choice for certain services. The negotiated contract is up to an order value of 2.500 € possible.


What should be included in the municipal public tender ?

As long as the order value over EUR 25 and de minimis (under EU law, see respective thresholds in the procurement regulation – PsV) the German procurement regulations relevant and there is a national award with the following priorities:

  • Complete tender documents
  • Set deadlines, Offer, Award- and lock-in periods
  • Publication of tender
  • Opening of tenders by the client and negotiator
  • Bid evaluation, ggf.Ausschluß of offers, or partial or complete cancellation of the tender
  • Zuschlagsersteilung

If the value of purchases for de minimis (under EU law) are to consider the following requirements and otherwise grds. the relevant European procurement rules, so that a European public procurement must be:

  • Examination, whether VOL applies
  • Choice of tender procedure,
    • basically open procedure according to § 3 No.. 1 Abs. 1 VOB / A bzw. VOL / A
    • Exemptions: non-restricted proceedings under § 3 No.. 1 Abs. 2 VOB / A bzw. VOL / A; or. § 101 Abs. 2 GWB; §3a Nr. 1and VOB / A bzw. §3a Nr. 1(1) VOL / A
  • Exemptions
    • no: open procedure
    • nach §3a Nr. 1 Abs. 4 or No.. 2 VOB / A bzw. VOL / A: Negotiated with / without public tender notice
    • that § 3 Nr. 1 Abs. 4 and no. 3 VOB / A bzw. VOL / A: Non-restricted procedure with participation pflichtigem competition

What differs in the municipal sector, the limited allocation of public procurement ?

The limited allocation can in principle for a contract worth up to 25.000 € made. "Exceptional", a limited allocation in the presence of exceptions also in public tenders, despite the threshold of crossing 25.000 € made. The basic method is not very different; only the limiting potential access provider characterizes the limited allocation.


When is the municipal agreement procedure considered ?

The negotiated contract can grds. only with a contract value of up to 2500 € be performed. Nevertheless, this type of procurement in practice in many cases, the most common form of award shows.

In broad terms, the negotiated contract with a contract value until goes through to 500 €, the following steps:

  • · informal price determination at least three providers
  • · Grant award
  • · Adopt a medium
  • · Information required location

From an order value of 500 € up to 2.500 €, the following steps are typical:

  • Contract documents (Specifications and contract conditions) Create
  • Market analysis and, based on selection of candidates
  • Invitation to Tender
  • Bid evaluation
  • Award

How important is the contracting rules to ?

The contracting regulations are in accordance with the procurement regulations with respect to their A-part of contracting authorities from the local thresholds mandatory. Only through a change in legal form of organizations in the private law eliminates the binding obligation. This exemption is likely to be a reason for such legal form changes, although the A part only internal administrative regulations are (also grds. not a legal outwardly acting) and B parts are interpreted as Terms.


What can we do for you ?

Check as tender subject and we accompany your bid of planning and tendering, Award to the performance implementation and termination.

As bidders, we assert your claims through a proper process and prevent illegality in the case of the award to competitors.

Of course we also represented in administrative or judicial procedure before Vergabekammern.


What we need, to process your award legal issue ?

In general, we need to know exactly, which power should be used with which total value awarded on what terms or have already been announced. Further details must then be clarified in each case.

Copyright,Media law and telecommunications law

In the media- Copyright and we offer in addition to the contracts for the underlying industry, Potential counseling specifically for each media, incl. Press- and Publishing Law.

We also make contracts between artists, Production companies and broadcasters and media accompany the marketing of products. In addition, we represent our clients against misrepresentation, Reputation u. ä.

The long experience of our lawyers in the traditional copyright had us facilitates entry into new media with interfaces to the Telecommunications Law and the Legal IT, so we cover the entire range from the beginning of copyright issues.

The existing through liberalization of the former monopoly telecommunications law today is split into different sub-areas. Antitrust issues are affected as well as aspects of intellectual property law or consumer protection. Finally it comes to answering public questions relating to the Regulatory Authority for Post and Telecommunications. Since the coming of the Telecommunications Act and its regulations in force regulating density increases primarily in the administrative portion continuously.

Criminal, particular economic criminal law and criminal tax law

In the field of criminal law attorneys are Horak especially in the economic active criminal. For example, there are piracy, Defamation, Denigration, Criminal Advertising, Use of templates, Tax evasion, Cheating, Treated infidelity and corruption. An emphasis is also on offenses relating to corporate crises, particularly in case of insolvency offenses. Finally, we will also advise on the company's internal investigation into allegations of criminal.

Which offenses typically include the control- and corporate crime ?

The preamble of economic criminal law (or economic crime) includes in the application of criminal law in the economy. The emphasis is also far from the relevant facts of the Criminal Code, However, important areas of the so-called Nebenstrafrechts be placed in the foreground. It is (for example, rules of the Code of Administrative Offences (OWiG) the sanctioning of companies, the competitive criminal law, the food Criminal, the drug criminal, the insolvency criminal, the financial market from the criminal law and criminal tax evasion, and especially the self-amnesty ad. The latter matters are usually assigned to the special tax offenses and placed beside the collar crime.

An economic criminal case in purely procedural sense, but only a criminal, § no status 74 c of the Judicature Act (GVG) the economy Trial Chamber assigned to the District Court.


What distinguishes an economic criminal case of general criminal ?

In criminal law, a natural person is always "followed". This also applies to the criminal economy, with the result, that the accused Board, Is a manager or officer of a company and there are often no Voreinträge in the Federal Central Register. In addition, the public prosecutor's investigations at this level are therefore already very uncomfortable, because the search of the premises and the apartment, typically "initialiter" is, was not considered. Furthermore, provide the consequences of the raid represents a particularly explosive: The company concerned is able to secure the evidence of a seizure or not to act "without prejudice". In particular, the seizure of the computer, So the computers with their software and data sets, ensuring records of current transactions, the arrest of the property or assets of components to the arrest under strong suspicion place already in itself constitute serious consequences. In addition, often require that economic criminal cases several years, all allegations to be legally clarified.


When a defender is required ?

As early as possible, a lawyer should be appointed to draw up a defense strategy or – favorable cases – show such leeway, that any economic offense is.

The process requires an intensive and effective criminal defense Full range communication between client and defender ahead, so that – before trial (as possible before the first potential evidence) – a coherent and viable defense concept can be developed. Then it is always advisable, to follow the defender and the jointly developed concept and invest without such hasty change of lawyer time and patience in the concept of defense. So should start any defense strategy, the selection of professionally reasonable attorney are. Because as the second or third defender viable alternatives are mostly already unnecessarily restricted and the outdoor preventable adverse effect. Moreover collar crimes are often not only legally, but in particular actually very complex and extensively, so that in addition to incorporation into the matter, the same documentation as well as the entire course of the process can be considerable.

Even one of final "deal" between defenders, Prosecutor and the court usually requires extensive detailed knowledge.


What we can control the- do for you or collar crime ?

In Tax Law we advise and represent companies and employees in criminal tax. One focus is in our preventive counseling course, we represent our clients in pre-trial, Between the main procedures and negotiations. In the case of search measures, we support your communication with the tax investigation, and any other relevant authorities. Our activities include the foreign economic- or customs law. We can advise any self-advertisements in the context of impending or ongoing tax proceedings, plan / coordinate and carry out.

In Wirtschaftsstrafrecht (and administrative offense rather) we advise and represent companies and employees on issues of intellectual property rights (Plagiatismus / Raubkopiererei, also in music- und Film-/Videotitel, Advertising Violations, Distribution offenses, etc.) and especially in the subsidy criminal, Corruption criminal law and the criminal law, including insolvency of regular accompanying offenses. Furthermore, we accompany you, for example, by fraud- or infidelity allegations, also in special situations, such as accounting fraud or bank- criminal law and stock exchange. Another field represents our comprehensive environmental criminal activity in, including consequent administrative- or civil process method.


What we need, to process your criminal issue ?

In general, we need to know exactly, acts or omissions which are at issue. In the case, that are already present investigation results, we need these documents. Further details must then be clarified in each case.

Please note in the rest of, that you have to put the investigation in general, need not, however, support. Typically, statements or to refrain from "any relevant information". Instead of this, an appropriate instruction to employees is recommended, to make any statements, to refer to any correspondence (the police can not read a letter, but only skim the topics investigation).

As the accused is available to consult an attorney to; Do not hesitate, to contact us. Especially in the "initial phase", So the first externally recognizable investigation, gilt es, to lay any foundations for certain defense strategies and no – although later "wiederrufbaren" – (Partial) To make confessions.

Tax Planning and Tax Law

Hardly any other area of ​​law is inferior to a rapid change, such as taxation, of each economic enterprise is affected every citizen and met the. Horak Attorneys accompanies and mediates all aspects of tax law and works closely with tax consulting- law firms and auditors.

Research services

Specifically, we support the following services from a legal perspective:
Protection legal research
Trademark Search
Title protection research
Name- and Company Name Search
Patent- and utility research (including biological and chemical inventions)
Design searches (Searches for registered and unregistered designs)
Plant varieties searches
Searches for semiconductor topographies
Author- research and copyright
Owner search

Rights monitoring
Brands- Names and monitoring
Patent- and utility monitoring
Design monitoring
Plant varieties monitoring
Monitoring of semiconductor topographies
Copyright monitoring

Domain search, -advice & Monitoring
Owner search
Domain name search
Domain name monitoring

Use Searches
Research on the use of property rights
License Search

Market Analysis and Research
Market survey, -analysis and evaluation of legal protection aft
Market reviews
Appreciation of property rights

General economic research
Competition analyzes
other economic research (including credit research)

General Informationsbroking

Intellectual Property (Patent law, Utility Model Law, Trademark, Design Right, Plant variety rights) and Copyright

We know with all forms of protection of intellectual property. The advice ranges from the registration and defense of patents, Use patterns, Designs and brands to domain name, Semiconductor topographies and plant varieties. Special experience in many industries, For example, in telecommunications, the electrical industry or the pharmaceutical industry set us apart.

We assist our clients with the inclusion of these rights in the strategic planning. We stand before the German Patent- and Trademark Office, European authorities and international authorities to, order to optimally place the rights of the markets in the interests of our clients.

We support the utilization of existing rights, both defense before ordinary courts, as well as against competitors. It includes this copyright law fair use in competitive marketing activities, preventing injuries third party rights and targeted responses to product- or property right piracies.

Of course, we fully manage your property rights. For example, we evaluate Trademark monitoring of, Check all the requirements for obtaining, for expansion or differentiation of your brand etc. worldwide.

Horak Attorneys designed all necessary contracts such as license agreements, Delimitation agreements, Confidentiality Agreements, Recycling- and distribution agreements etc. Additional qualifications, knows z.B. as a graduate engineer, ensure a comprehensive, also technical issues comprehensively considered advice and representation.

Internet Law

The legal framework of your website, both in relation to competitors, Providers and users, require special attention. By taking into account the essential legal requirements in the areas of copyright, Trademark, Telecommunications Law and Criminal reached a representative office in “WWW” also the legal professional, which is factually.

Horak Lawyers acting for the benefit of industrial users, Such provider or client, who want to realize their ideas in this area. This involves, in terms such as electronic commerce, electronic cash, cyberlaw, nothing, tld, meta tags,PGP, cloud much more simple for everyday self-understanding.

We understand your language, know the legal problem cases and represented – in courts – with the necessary expertise to the satisfaction of the court. This technical background is not a self-; on the contrary – we obtain our knowledge through the study of our double Lawyer & Dipl.-Ing. (Electrical engineering / technical computer science), so that we can explain your circumstances and technically applicable law.

Tenancy and lease rights

Rent- & lease legal issues we like to clarify. In this area we are advised, creatively and comprehensively worked with the help of German jurisdiction. A particular focus is the remit of the contract review and individual contractual relationship with Gewerbemietraum and problem solving in connection with lease or Mietkündigungen resolutions and their subsequent processing.

Check the decisions of the Federal Cartel lawyer:


While the competition law is to ensure, that the behavior of a competing company not to be underestimated degree of ,,Has integrity ", serves the goal of antitrust law, that if competition exists. Since the 1999 introduced the sixth amendment to the Act against Restraints of Competition learned the German Antitrust significant changes, structural rearrangements, as the merger proceedings, besides adjustments to European standards and new rule contents, as the procedure. In the area of ​​mergers and collaborations takes Horak Attorneys both the national and the European legal merger.

Also off merger antitrust considerations play, whether in sales contracts, License agreements, im Franchising o. ä. Agreements between competitors and peers not only since the media-fines the EU a permanent role. Because often the legal validity of contracts also depends largely on antitrust standards.

What's antitrust ?

The Unfair Competition Law (commonly referred to competition law, advertising law) wants to interact with the antitrust protect competition. Also "antitrust" is therefore called sometimes as "competition law". Nevertheless remain only occasional overlap between the two areas of law in practice: Expressed extremely simplified serves antitrust cartels while avoiding unfair competition law seeks to regulate individual actions advertising between market participants.

In Germany, the Federal Cartel Office (together with the national competition authorities) responsible for the protection of competition.

Where is regulated by antitrust ?

The Act against Wettbewerbsbeschrnkungen (GWB), short Antitrust Law, for the 1. January 1958 entered into force and has since been revised six times, least through a comprehensive amendment of 1999, German competition law regulates. Apart from Germany, in particular, the importance of European competition law, and is usually caused by the European Commission - Executed - as the competition authority at EU level.

What part of the antitrust ?

The essential aspects of today's anti-trust law, the enforcement of the antitrust, the implementation of the Merger and the pursuit of abusive practices by dominant firms. Since the 1. January 1999 is the protection of bidders in the award of public contracts to fore.

What does the Federal Cartel Office ?

The Federal Cartel Office may prohibit particular combinations, prohibit abusive practices, Impose conditions and impose fines. The Cartel Act grants the Federal Cartel Office also an extensive investigative powers. The Federal Cartel Office Online offers various further information.

As decisions of the Federal Cartel come into being ?

The antitrust decisions of the Federal Cartel Office to be made in a similar process of judicial decision divisions, whose powers are defined by industry.

What we need, to process your antitrust question ?

Antitrust law, the three different aspects of antitrust, merger (Merger control) concern, and public procurement. All details must be discussed and because of the typical complexity and frequent-most strictly possible confidentiality in individual cases.

Commercial Law: Representatives, Dealer & Co

Which includes the right to trade ?

Commercial law regulates the legal relations of merchants, it's special right of the merchant. Thus, the commercial law includes rules on the legal relations of the merchant to third parties. The provisions of the Commercial Code also contain (HGB) the accounting- and record keeping for merchants.

The German commercial law emerged from the German city rights, and strongly influenced by Italian and French commercial law.

Commercial law includes primarily the German Commercial Code and its by-laws. A special position in this case assumes the maritime trade- and inland navigation law, a. For Commercial Law. is partly the company law, the law of intellectual property, securities law and banking- expected and Stock Exchange.

Commercial law is the basis of "economic justice". We play on the entire keyboard of commercial law. For example, "Sales Contracts": In times of changing forms of distribution, the sales agent wins- and field service law increasing importance. We represent well-known national and international trading companies and advise them in the design of Purchase, License, Leasing- and other contracts in the area of ​​commercial law. This includes the development of general shopping- and conditions of sale. Due to the predominantly entrepreneurial clients structure is as one of our expertise in the design of nationally and internationally usable product-based sales representatives- or franchise agreements. Alternative Vetriebsformen are no strangers to us, but also promote our creativity.

What principles characterize the commercial law ?

Special rules apply to the commercial organization and for the legal transactions of a merchant (Stores). Commercial transactions should be handled quickly and efficiently than in the general civil law, this applies only additional. This principle is justified by the expectation, that participants will be subject to a greater experience and professionalism in the corporate legal transactions. Therefore, the commercial law can be extended rights, but also lead to increased obligations.

A number of procedural requirements do not apply in commercial law or only partly (Consumer protection laws as “Doorstep”, Fernabsatzgesetz, Verbraucherkreditgeset, AGB-Klauselverbote etc).

In addition to explicit laws exist in commercial law and common law principles. Great importance is commercial practice to.


When is the applicable commercial law ?

The HGB is no restriction on buying men / women purchase application. So who is businessman, for the Commercial Code applies.

That § 1 Abs. 1 HGB is a merchant, who carries on a trade. Starting point is therefore the business enterprise. In the commercial register entry is not relevant here (with registration, however, is always the businessman property). Commercial operation is any self-, outwardly visible activity, applied to the durability and profit and no “professional services” is. According to the definition of § 84 I 2 HGB is independently anyone, can substantially free structure their business and determine its working. The only exceptions are those companies, whose operation does not require the type and extent commercially organized business enterprise (vgl. § 1 Abs. 2). The exact boundary can not be drawn flat. Corporations are by virtue of their legal form (Form-)Merchants

Excluded, however, are the professions, scientific and artistic activity and the country- and forestry.

In addition to this application since the Commercial Code since 1.1.1900 Kaufmann term exists now contained in the Civil Code of the so called. "Business concept". If the latter finds its way into the HGB accounting rules beyond the, appears likely in the medium term.


When binding a non-competition agreement ?

A to-find in many treaties can compete under the requirements of § § 74 ff. HGB also be agreed for a period of time after termination of the contract. The rules apply not only to business employees, but are directly applicable to § 110 Industrial Code for all other employees. They are not directly applicable for authorized representative board members.

Apart from the formal requirements to be granted a non-compete compensation and time needed take up to two years since the end of employment (§ 74a Abs. 1 S. 3 HGB).

In the case, that the conditions are not met, frequently or nullity of clauses but also a choice of the respondent considered.


What is "the company" ?

The company is the name of the merchant according to its entry in the commercial register. That § 18 Abs. 1 Commercial Code, the Company must be suitable for the identification of the company and have distinctive. "Distinctive" comes from the trademark and thinks, the company must identify the origin suck, So in particular, they may not be smooth descriptive.

In addition to the real name are also statements of fact or pure fancy names and mixtures between people- and factual information allowed. In particular, the principles of the corporate entity shall, Companies truth, Public companies, Companies exclusivity and company stability.


What information is required on business letters ?

Depending on the legal form of the company access different laws. Thus, calls for limited liability companies (GmbH) Limited Liability Companies Act § 35a on all business letters, directed to a specific recipient, the legal form, of the registered office and number, under which the Company is registered in the commercial register. In addition, the specification of the manager and if necessary. Chairman of the Supervisory Board required. Similar provisions include § 80 German Stock Corporation Act for public companies, § 125a HGB for general partnerships (and limited partnerships) and § 37a HGB for other merchants.

On invoices must be in accordance with § 14 Abs. 1be given a VAT tax number of the service provider. It is the national tax number and not the so called. VAT – Identification number (USt.-ID). The latter may be voluntarily submitted to the Federal Office of Finance in Saarlouis and serves the VAT-free business in the EU.


What should be considered in the event of a corporate foundation ?

Recommended are fundamental consultations with an accountant and a lawyer about the appropriate form of enterprise.

Who wants to run a business, requires a business license. This is obtained by filling out a so called. Commercial opening arc from clerk's office of the municipality or city, in which the company is based. Then "reports" to the local Chamber of Commerce to enforce the (Forced) Membership and the payment of contributions. Who employs staff, also needs a professional association (BG) Join. This turns out to be mostly of the person.

At the Chamber, the municipalities, other authorities and many other devices may also exist funding opportunities for the concrete contractor.


What can we do for you ?

Discussed in the following topics implicating reproduced and we represent:

  • Trade- and company law with its importance to the whole business of each company;
  • the choice of corporate form in terms of liability, Tax, Capital raising, Labor, Organization and profitability;
  • Balance of trade, Income- and loss account, Appendix, Report;
  • Rights of shareholders with respect to the respective company, over other members or groups in society.
  • LLC law. Rights, Obligations and liabilities GmbH managing;
  • Company law, Board, Board, Annual General Meeting.


What we need, to process your commercial legal issue ?

Commercial law matters include a very wide range. In general, we need to contract documents, Company information and your question.

Real estate lawyer to help with real estate legal issues surrounding the Immobile

Lawyers horak stands for outstanding consulting around the property. Of course, we advise on real estate transactions, real estate financing, Project development and real estate in use. In particular, we characterized the combination of transaction know-how and expertise in real estate law. The purchase / sale, rent or rent, financing, planning and construction of building projects raise many legal and factual issues to, the legal advice in our experience can be crucial.

We help your real estate portfolio to new heights. Law and in fact.

Overview of the German company law

Company law

Company law:

A particularly important focus of our firm is the company law. Our activities range from the formation, Consultancies – For example, upon conversion, Purchase and sale of businesses, large inheritance law of succession arrangements including. The advisory activity extends to all forms of society, of the civil law, the limited partnership, the general partnership of the GmbH and AG up to the club or. a cooperative. The work also includes advising on restructurings, Enterprise agreements, Control agreements, Amendments, Mergers and spin-offs. Diese gestaltende Tätigkeit wird ergänzt durch langjährige forensische Erfahrungen im Bereich gesellschaftsrechtlicher Auseinandersetzungen sowohl im Verhältnis von Geschäftsführern/Vorständen zu den von ihnen repräsentierten Gesellschaften wie auch bei Streitigkeiten zwischen Gesellschaftern. To optimize the business performance of a company at the intersection of corporate law and tax law, We cooperate with a network, das auch Steuerberater und Wirtschaftsprüfer einschliesst. In addition, we have partnerships with corporate law notary practices.

In addition to numerous traditional societies today is itself a corporation for SMEs represent one of the options. However, this legal form is not always suitable.


Choice of legal form:

For the creation or restructuring of a company is the choice of the appropriate legal form crucial. The choice of the legal form of a company is usually determined by three main motives: the limitation of liability, the optimization of corporate succession and the reduction of the tax burden. In addition to employment law, eigentumsrechtliche oder strukturelle Besonderheiten mitprägen. The choice of the legal form of ownership affects the, decision-making and risk distribution of a company.

The core questions are then, which services must be provided in the foundation, who should be able to act outside, liability which the founder can be accepted and what will happen on the death or departure of a founder?

Individuals are basically two possible types of companies to choose from: the individual companies and the (One-man)GmbH. Which corporate form is the appropriate, depends on the answers to the key questions as well as many detailed questions.

A majority of people could the civil-law (GbR), a partnership, the general partnership (OHG), the limited partnership (KG), die GmbH und die (small) Select AG and some rare forms. However, freedom of choice is not between all types of; Rather, the legal forms are partly linked to certain conditions and in the rest conclusively.

Whether next to foreign companies, For example, as. a Limited Liability Partnership, may be involved in the choice of legal form or to, requires intensive risk assessment:

Die Haftungsbeschränkung lässt sich in der Form einer Kapitalgesellschaft (GmbH, AG) reach. This is, however, often with tax disadvantages over the partnerships (OHG, KG) connected. Business succession could be slightly easier to regulate corporations.


Sole trader (registered trader / registered clerk):

Merchant, who carries on a trade. Basically, every business enterprise is a trade, unless, that the company is not on the nature or scope requires a commercially organized business undertaking. For the merchant, wie auch die sog. Formkaufleute (Trading Companies) is the (sharper) Commercial Law. The registered merchant can therefore exercise the rights enshrined in commercial law extended rights, as grant power of attorney, but is also subject to the extended obligations of commercial law, how to keep books.

The merchant is liable with all its assets for the liabilities of his business.



The civil law (GbR), the general partnership (OHG), the limited partnership (KG) are partnerships. Special form of the GmbH & Co. KG sowie die Partnerschaftsgesellschft.

The OHG, KG and the particular companies fall under the commercial law. A partnership is represented by its shareholders. Not so shareholders may not – For example, as. case of a GmbH – conduct the affairs of total. You can only be granted power of attorney. Investments in partnerships are preferred in the inheritance tax. Found on partnerships – from a labor law perspective – die gesetzlichen Mitbestimmungsregelungen keine Anwendung.

In principle, all partners are liable for the debts of the company personally with all its assets and only partially. be restricted.



The limited liability company (GmbH) and joint-stock companies (AG) corporations are. A special form is the limited joint-stock company and the entrepreneur (UG)

Characteristic of a corporation is the sum forms a strict liability capital contribution of the partners / shareholders.. The corporation shall be represented by its Managing Director or. Boards. This can be controlled by a board of. Die Gesellschafter- or after the meeting to watch here on the legal principles.

The share capital of a GmbH is at least 25,000,– €, the one (small) Aktiengesellschaft at least 50,000,– €. The law provides for two different start-up procedures before, which can also be combined: The contribution in cash and in kind founding. The foundation must be notarized. Der Gesellschaftsvertrag einer GmbH kann flexibel gestaltet werden. The legal provisions for an AG are narrower and have more extensive formal requirements before. The founding- and maintenance expenses of a corporation is greater than in a limited liability company. Corporations are subject to the rest of the statutory co-determination rules and are not tax-privileged (but there are significant tax leeway).

Das Vermögen der Gesellschaft bildet die Haftungssumme für die Gläubiger der Gesellschaft. Die Gesellschafter oder Aktionäre haften bei erfolgter Stammeinlage nicht; only in rare cases, it may be called a. Come Durchgriffshaftung.

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Family Law – between marriage, Marriage settlement, Divorce and divorce agreement

Family Law

We ensure competent representation in divorce proceedings and ancillary matters in divorce (Maintenance, Custody, Balancing supply and matrimonial property disputes). Another focus of activity is the advice in advance of separation and divorce, and in this context the design of marriage contracts, Separation- and divorce agreements. From the initial consultation during the separation phase until completion of the divorce proceedings, the clients receive individual attention at every stage of this crisis situation and have in the office at any time for acute problems a contact.

Family law involves issues such as marriage contract, Non-marital cohabitation, Registered partnership, Kind, Divorce and Maintenance.

Marriage settlement

With a prenuptial agreement, the legal arrangements for the marriage can be modified individually. Through a marriage contract can tailored to each individual situation optimal basis for the marriage to be created. Since the individual situations of each pair are very different, there is no pattern of marriage contracts. A / E attorney / lawyer can draft a customized exactly to your marriage contract claims.

Non-marital cohabitation

The salient feature of the non-marital partnership is the legal non-binding. Unmarried couples may at any time be dissolved.

Registered partnership

To 1.8.2001 the Civil Partnership Act came into force. That § 1 LPartG adult persons of the same sex may establish a registered partnership.


Legitimate and illegitimate children born are treated by this Act. Both in the case of separation and divorce, it remains a basic scheme of joint parental custody, which can only be modified at the request.


The marriage is for life. The marriage may be dissolved by a court judgment design.



Another focus of our consultancy lies in the representation and counseling of companies and individuals in their personal capacity issues. The transfer of assets to the next generation requires a prudent and long-term planning, the economic, must take into account legal and tax issues as well as personal circumstances. Horak Attorneys this creates all necessary contracts and legal declarations as z. B. Wills, Marriage- and trusts, corporate law rules, Donation contracts and all configurations of inter vivos. Against the background of growing state value for the succession, we consider socio,,de,The inheritance includes the legal standards on the transition of the assets of a person at death to one or more other persons,,de,Lawyers or the court,,de,The statutory inheritance of a possible spouse should be considered,,de,as it will be the sole heir anyway after the intestate succession,,de,The transfer of assets will become of social,,de- and tax aspects. In the private sector are due to changed family circumstances (non-marital partners, Remarriage, etc.), not (more) comply with the legislative model of the ideal family, develop differentiated solutions inheritance.

Das Erbrecht umfasst die Rechtsnormen zum Übergang des Vermögens einer Person bei ihrem Tod auf eine oder mehrere andere Personen. Every person has the fundamental right to inherit, So to regulate disposal of the property or other rights can sell; towards the entrance of his own death. Beneficiaries have the right to inherit.

The rules for inheritance of inheritance are, zum Testament, made compulsory part of the legacy and the. It also deals with the disinheritance and death duties and the cost of Notaries, Rechtsanwälte oder das Gericht.


Has written a will the testator, The statutory succession. This is regulated in the Law, which states, that the deceased is inherited by his relatives.

Closer relatives such as e.g.. Children and grandchildren close relatives further away such as. Nephews or nieces of the succession of. Dabei sollte das gesetzliche Erbrecht eines möglichen Ehegatten berücksichtigt werden.


A discount without an heir, there are not, because the German law always takes death, the intestate succession, as long as the testator has erected no will and no other available.

If the heir to a childless couple, for example, go to the wife, so no will is required, da diese nach der gesetzlichen Erbfolge sowieso Alleinerbin sein wird. Only when the testator has other ambitions in the transfer of the assets, is a testament required.

In the following cases the succession should be governed by a Testament or a contract of inheritance:

  • The succession is to deviate from the statutory succession.
  • It is more than just a legal heir in question.
  • Die Weitergabe des Vermögens soll aus sozialen, be influenced economic or fiscal reasons.
  • Potential changes in the genetic structure should be considered

IT law

The IT Law represents one of our major priorities. Development, Production, Distribution and maintenance of software- and hardware requires regular review and adjustment of contracts and terms and conditions underlying. Because the law is constantly changing. Of general shopping- and marketing conditions on software development contracts, the design of license- system or contracts to the enforcement of individual claims, we have a profound understanding of the IT market developments in the information technology. Of course we know with technical “Innovations”, wie Cloud Computing ebenso aus, as actual IT innovations. Einschlägige Branchenkenntnisse und Branchenerfahrung nebst unserem Verständnis für die besonderen Fachtermini und wirtschaftliche Zusammenhänge bietet Ihnen eine zielführende Beratung und Vertretung.

Energy Law

With the Act revising the energy industry, the energy market, the energy market are "liberalized". The incumbent supplier area are facing increasing competition exposed. New vendors and service providers regularly enter the energy market. Customers are universally courted. How should the customers fall before unimagined freedom. We assist companies in the energy sector in strategic alliances, Cooperation and start-ups. Transit projects are reviewed, enforced and blocked. Business intentions are embedded in secure contracts and examines existing treaties and adjusted. Energy are special customers in commercial transactions with energy suppliers in contract negotiations, Contracts, Contract amendment, Support contract enforcement and contract termination. The solution of problems related to the power supply according to Renewable Energy Sources Act (EEG) or Combined Heat and Power Act (KWKG) part of our activity.

Planning Permit

Planning Permit

We advise and represent in the design of building contracts for clients, General Contractor, Project managers in the civil construction law to public law issues. This is done both during the construction phase as well as in the construction process, in arbitration- or arbitration proceedings.

The construction law includes the legal standards of construction. A distinction is made between private and public construction law.

  • Private construction regulate civil law, Real property and neighboring rights, Contracts for work to prepare and implement a construction project - such as architects contract, Building contract with contractors – and the laws of neighboring states
  • Public building law public law in question regulates construction projects. A distinction is made between planning law and building law.

In Planning law the standards development potential of land controlled. There are the rules of the Building Code.

In Bauordnungsrecht the standards, the detailed requirements for individual construction projects such as security- and controlled design rules.

In addition, the construction law includes rules on the right to cultivate a piece of land. Usage and measure are the key ingredients

Construction Law may result from following the Building Code of the following elements:

  • of a zoning plan,
  • insertion into the buildings around indoors or
  • various exemptions for construction projects outside .

Prerequisite for obtaining a building permit, the Building Law

Construction contract

A construction contract should be drawn up in writing. In addition, the contract should really come about, that is: legally speaking, is the conclusion of a contract offer an effective and efficient adoption of necessary. Clear in the contract arrangements should be made to the required decrease, which is carried out after the completion of the structure.


The law defines, that clarify the question first, the lack of contractual arrangements must be used. A structure is then deficient, when are contractually binding agreements about the nature, Grade or quality of product negatively building differs from the structure produced by the contractor.


To the right is one of the architects architectural contract, should include the fees and the liability of architects.

Banking (and Stock Exchange)

From the preparation of the Bank- advice and financing transactions, and we help to prevent and resolve problem areas. We are in the field of deposit and credit transactions in Secured Transactions, focusing on guarantees and surety law, Leasing, Factoring nebst all variants tätig. In relation to banks, we examine Terms, Kontokorrentverhältnisse as well as securities, Securities, Emissions- and investment transactions. We have always advised in investment law and also represented here aggrieved investors against investment companies at all levels of the economy worldwide.

Medical Device Law

The purpose of MPG, to regulate the marketing of medical devices and thus for
security, Suitability and performance of medical devices and health
and the need to protect patients, To provide users and third parties.

Medical products are used all alone or interconnected
Instruments, Equipment, Devices, Substances and preparations made from substances or
other items including the proper functioning of a
Medical device software used, by the manufacturer to be used for
People by means of their functions for the purpose u.a. detection, Prevention,
Monitoring, Treatment or alleviation of diseases (§ 3 MPG)..

The MPG regulates prohibitions for the protection of patients, Users and third parties, the
Marketability of medical devices, Responsibilities and also contains
Punishment- and punitive damages provisions.

Drug Law (Pharmaceutical Law)

We examine the marketability of your new food along with composition including the particularly important distinction to medicines. We are happy to edit your drug law issues. Of course we also advise the question of the admissibility of competition in the packaging / package inserts. Furthermore, we accompany food law / regulatory drug regulatory process. We are operating across industries.



We advise and represent our clients in all employment matters. Help companies and entrepreneurs are also accompanied in labor law business days. Upon termination of employment- and service conditions, the firm manages the separation process. Of course, we advise businesses and individuals in the event of termination in accordance with the interests and clarify (z.B. Continued employment or severance) the legal claims and actual possibilities. In particular, the following employment matters are part of our labor: Contracts, Remuneration policy, Occupational Pensions. Of course, we assist our clients in layoffs, with plant closures or relocations. For negotiations with works councils and trade unions, we are on your side. Especially in the labor practical know-how is just as important, in our view, as the purely legal considerations.

Of course we offer our activities to workers. Whether the interpretation of contracts, Warnings, Contents of personnel files, Terminations or other interest perception we are on your side.

For more infomation on Employment available here.