Litigation

How to respond in the event of a business or
contractual dispute?

Commercial disputes can arise at any time during an ongoing business relationship due to breach of contract, late payment, sudden termination of contract, or unfair competitive practices. Our lawyers specializing in international contract and litigation law will develop clear negotiation and litigation strategies for cross-border matters involving contractual partners abroad. They will also represent you in legal disputes before state or arbitration courts in Germany and France.

How should one proceed in the event of a breach of contract?

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).

How to know which court has jurisdiction and which law applies?

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.

How to respond to late payments?

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.

How to deal with unfair competition?

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.

What can you do if a contractual partner abruptly ceases business operations?

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.

You have any other questions?

Please feel free to ask them directly here.

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