Litigation – Prevention, litigation, and enforcement

Unclear or one-sided contract drafting often causes legal disputes. To help you avoid disputes concerning jurisdiction and applicable law, our lawyers specializing in international contract law will assist you in analyzing, reviewing, and drafting your cross-border B2B contracts in accordance with German, French, and international law.

Changes in your business partner’s behavior, repeated payment delays, and failure to comply with contractual obligations may be early signs of an impending legal dispute. Our contract lawyers will analyze your situation thoroughly and help you take preventive or corrective measures.

Not every dispute ends up in court. Our lawyers have many years of experience in alternative dispute resolution and will help you develop a strategy for reaching an out-of-court settlement, whether through negotiating settlement agreements or using alternative dispute resolution methods, such as mediation or arbitration. As an international law firm with in-depth experience in conflict management, we support our clients every step of the way.

Our lawyers will work with you to determine the best alternative dispute resolution (ADR) method for your case :

• Direct negotiation between the parties, with or without legal counsel
• Mediation with a neutral third party to reach a settlement
• Judicial or extrajudicial arbitration
• Proceedings under French law with legal representation (« procédure participative »)

Arbitration is particularly well-suited to complex, technical, or international disputes. It enables the parties to appoint their own arbitrators, select the applicable rules, and obtain an enforceable decision more quickly than if they were to go to a state court. One of our lawyers regularly acts as an arbitrator and has recognized expertise in both institutional and ad hoc arbitration proceedings.

To avoid difficulties in interpretation and subsequent challenges, settlement agreements must be clearly and legally effectively worded. Our lawyers negotiate and draft legally sound agreements that resolve existing disputes and prevent litigation. Thanks to their cross-linguistic and cross-jurisdictional expertise, our lawyers specializing in litigation and amicable dispute resolution provide reliable support in German, French, and English.

Our lawyers will analyze your contractual obligations and advise you on appropriate measures, such as contract termination, claiming damages and compensation for loss of use, initiating a national or European dunning procedure, and taking enforcement measures. If a technical expert opinion is required, our lawyers can initiate the appropriate summary proceedings on your behalf (référé-expertise in France).

In contractual disputes, especially those with an international dimension, it is crucial to determine which national courts have jurisdiction to conduct legal proceedings and which legal system applies. Our lawyers specializing in international contract law carefully review your contract clauses, taking into account the provisions of international private law, especially European private law, such as the Brussels Ia, Rome I, and Rome II Regulations, to provide clarity as early as possible.

Outstanding claims can quickly impact a company’s liquidity. Our lawyers specializing in commercial litigation will review your case and determine the best course of action :

• Default summons under national law or European default summons: If the claim is undisputed, due, and quantified, our lawyers will use this quick, cost-effective legal procedure, which does not require oral proceedings, to obtain an enforceable title.
• Interim Legal Proceedings: If the claim is disputed or immediate action is required, such as the seizure of assets or provisional payment, our lawyers will enforce it in France through summary proceedings.
• If the debtor refuses to pay, our lawyers will help you prepare for and file a lawsuit. They will accompany you throughout the entire court process to ensure your claims are enforced.

Unfair conduct by competitors, former executives, employees, or shareholders can cause considerable damage to your company. This can take the form of reputational damage, poaching of customers, or deliberate destabilization. Our lawyers specializing in competition law can help you secure the necessary evidence and initiate appropriate legal proceedings, including preliminary injunctive relief, to enforce your claims.

Even without a written contract, suddenly and unexpectedly terminating an established business relationship may entitle you to compensation. While such a claim can only be asserted under German law under specific conditions – for example, on the basis of good faith, unconscionability, or pre-contractual liability – it is regulated by French law and an integral part of legal practice (“rupture brutale”).
Our lawyers will examine the nature and duration of the terminated business relationship, assess the incurred damages, and initiate legal proceedings to enforce compensation if necessary. Since legal standards vary in strictness between Germany and France, our cross-border expertise in commercial and contract law is a decisive advantage.

Our lawyers will represent you in both German and French labor courts, whether you are the plaintiff or defendant. Our services include challenging a dismissal, defending against an action for unfair dismissal, asserting wage and damage claims (e.g., in cases of bullying, wrongful termination, or discrimination), and defending against claims asserted by an employee in court.

Our lawyers will review the legality of the proceedings for you, including the reason for termination, the termination process, and severance payments. They will support you in reaching an amicable solution or in court proceedings. If swift action is required, our lawyers can enforce urgent measures, such as the surrender of important documents and other items, in summary proceedings (preliminary legal protection).

Our lawyers specializing in corporate law will support you in cases involving decision-making deadlocks, abuse of majority or minority rights, and breaches of shareholder agreements or contractual obligations. Additionally, our lawyers will advise you if shareholder resolutions are challenged and will take action in summary proceedings (interim relief) to protect your rights as a shareholder, such as the right to inspect business records or exercise voting rights.

Our team of lawyers specializing in corporate and litigation law will support you in analyzing, negotiating, and enforcing your rights in court in the context of corporate governance disputes, whether they involve disputes between executives or management bodies or between executives/management bodies and the company or third parties. With our many years of experience with national and cross-border corporate law disputes, our law firm is a reliable partner you can count on.

Purchasing or selling companies through a share deal or asset deal can lead to legal disputes. Such disputes often concern the correct calculation of the purchase price, payment claims, and compliance with obligations arising from company purchase agreements. In particular, disputes arise from the assertion of warranty claims based on a warranty agreement (Garantie d’actifs et de passifs / GAP). Our lawyers specializing in M&A will assess the litigation risks, quantify damages, and develop effective litigation strategies with you. They represent your interests in out-of-court settlements, before German or French state courts, and in international (institutional or ad hoc) arbitration proceedings.

Our lawyers specializing in litigation enforce legally prescribed measures, particularly those involving movable assets (property seizure), immovable assets (compulsory mortgages, foreclosures, and receiverships), and account seizures and wage garnishments. Depending on the country where the enforcement order is to be executed, our lawyers will advise you on the appropriate procedure, requirements, and expected deadlines. Additionally, our lawyers can assist you in obtaining an enforceable title and with exequatur proceedings if you need to recognize and enforce a foreign (non-European) decision in Germany or France. The same applies to the recognition and enforcement of foreign arbitral awards in exequatur proceedings.

Enforcement measures may be initiated if a court decision is ignored or not implemented on purpose, in particular :

• The seizure and auctioning of the debtor’s assets (movable property and real estate)
• The seizure of accounts in order to gain direct access to bank balances,
• Other seizures of claims, e.g., in the case of existing claims by the debtor against business partners or wage garnishment in the case of a private individual

Our lawyers specializing in enforcement law will advise you on the most efficient means of enforcement for your case.

A judgment (or arbitral award) issued in a third country is not automatically recognized as legally binding in Germany. Our lawyers specializing in international law can guide you through the process of having the decision declared enforceable in Germany. They will examine applicable European regulations and international agreements, such as the Brussels Ia Regulation, the Lugano Convention, the Hague Convention, and the New York Convention. They will also assist you in compiling the necessary documents. Once recognition or enforceability has been granted, we will implement the appropriate enforcement measures in the relevant legal system.