Category Archives: Under power of attorney

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)

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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.

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eBay has trade in certain, the far-right scene associated clothing brands locked, Owners sought an injunction against vain

Press release LG Nuremberg: Summary proceedings: eBay may exclude the extreme right clothes

The Internet platform, eBay has trade in certain, the far-right scene associated clothing brands locked. The Company, which includes these brands, contrast, sought an injunction and thus failed in the first instance before the Landgericht Nürnberg-Fürth.

The brands of the applicant had been described by some media as a recognition of the extreme right clothing. The Internet platform eBay then entered into these brands of current and future auctions products from. In contrast, the trademark owner defends. It denies, that is connected to the far-right scene and argues, that although they themselves expelling the products only to distributors, The sale of the middlemen in the retail successes but 25 % on eBay. Lies in the closure discrimination through eBay as a dominant company and an illegal boycott. The trademark owner has therefore requested, eBay to ban it in the way of an injunction, exclude their designated by the marks in conflict from the sale of products over the Internet marketplace eBay.
The Landgericht Nürnberg-Fürth this application by judgment of 17.5.2013 rejected.

Continue reading eBay has trade in certain, the far-right scene associated clothing brands locked, Owners sought an injunction against vain

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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.

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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.

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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.

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Company law

Overview of the German 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.

Das Stammkapital einer GmbH beträgt mindestens 25.000,– €, the one (small) Aktiengesellschaft mindestens 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.

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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

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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.

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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.

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