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Retail & consumer goods
Whether you are a seller, buyer, service provider, or service recipient, engaging in the exchange of goods and services involves numerous legal pitfalls and requires mitigating risks as much as possible. With our extensive experience in trade and services, we are here to help you enforce your rights and fulfill your obligations optimally.
Legal Consultation, Drafting, Negotiation, and Creation of Contracts
Contracts wouldn't be necessary if all parties adhered to the agreed parameters. However, in reality, disputes often arise, even in long-term partnerships. What if partners don't pay on time or you can't deliver? What are your rights if the goods are defective or you are dissatisfied with the provided service? Is a specific performance outcome required? How can you terminate the contract?
These are all points that should be considered at the beginning of a cooperation. This way, each party can refer to clear agreed contractual regulations in the event of a dispute. We think about these issues for you, inform you about risks, and draft contracts that form a legally secure framework for successful collaborations. We do not rely on standard contracts but tailor them to your individual needs to prevent disputes from the outset.
Pharmacy Law
Do you want to establish a pharmacy, a pharmaceutical wholesaler, or a manufacturing business? Do you need help in a dispute with the supervisory authority or the pharmacy chamber? Are you buying a main or branch pharmacy? How do you handle disputes with competition associations?
Pharmacies supply the population with medicines and must ensure that all processes run correctly. The legal challenges for pharmacists are diverse and subject to constant change. Moreover, the legislature has enacted numerous regulations that impose restrictions on pharmacists regarding product range design, advertising possibilities, and licensing.
Our pharmacy law attorneys are happy to advise you on these topics with their many years of experience. We support pharmacists in all legal matters related to their activities.
Food and Cosmetic Law
The difference between a food product and a cosmetic may seem clear at first glance. However, this does not apply to the multitude of regulations at the German and European levels, which always aim for comprehensive consumer protection. Numerous laws and regulations at national and international levels restrict the freedom of manufacturing, marketing, and trade of these products.
A simple advertising claim can suddenly classify a food or cosmetic product as a medicinal product. A wrongly chosen product name can result in a sales ban.
Our work in this specialized field is therefore not only limited to the disciplines of trade and distribution but also focuses significantly on competition law: We help you minimize your liability as a food entrepreneur and protect you from warnings for misleading advertising.
Distribution Law and Commercial Agency Law
Distribution law primarily involves the mediation of the sale of goods and services. The typical scenario involves an entrepreneur and a commercial agent or a franchisor and franchisee. However, contract dealers are also affected by this legal area. Our experts not only draft contracts to secure your distribution relationships but also assist you with difficulties in ongoing business relationships and the conception of new business models. In doing so, we not only consider the specific provisions related to distribution mediation but also keep other legal areas, particularly competition and antitrust law, firmly in mind.
A key competence in this area is our expertise in commercial agency law. We draft contract dealer and commercial agent agreements according to your individual needs. Additionally, we support you in disputes between the contracting parties over commissions, accounting, territorial protection, book excerpts, the termination of the contractual relationship, and post-contractual non-competition clauses.
Intellectual Property ProtectionThis legal area also includes the protection of intellectual property. This term refers to the ownership rights of various creations that stem from human intellect, such as inventions. Everything your employees invent, create, or develop while working for your company is the intellectual property of your business. Since this is your capital, it should be protected. We help you protect it effectively.
The field of transport and freight forwarding law deals with typical logistics services for all modes of transport: from drafting contracts for road, water, air, or rail transport to customs clearance and damage management for freight forwarders.
Enforcement and Defense of Recourse Claims in the Liability Chain
As a service provider in the logistics industry, you are liable for errors that you did not commit yourself. Therefore, it is particularly important to enforce your claims against your contractual partners in the liability chain. To ensure that the often extremely short deadlines are met, early professional support is indispensable. We take on this role for you and are happy to provide advice.
National and International Transport Law for All Modes of Transport
What must be considered for road, rail, sea, and air transport? What legal action guides are available for processing? How are damage cases handled? What delivery conditions exist for purchases and sales? Our specialists advise you on all questions related to national and international transport law for all modes of transport and support you in both drafting and creating contracts.
Social Regulations in the Transport Industry
The social regulations for the transportation of freight are sometimes complex, making compliance not very straightforward. Violations can quickly lead to fines. With our experienced team, we can regularly work to have such procedures discontinued or significantly reduce the amount of the imposed fine.
Transport, Logistics, and Storage Contracts
For concluding contracts in the transport industry that go beyond the individual call-off of a service, various competencies, liability materials, and contract items must be coordinated beforehand. We advise you on creating logistics conditions, framework agreements, or full-service contracts.
Transport Damage and Transport Insurance Law
Damaged deliveries are unfortunately not uncommon. It often happens that goods are damaged during transport—no matter how well your products were packed. This is frustrating not only for your customers but also for you. But who is liable in such cases? Who has what responsibilities? We are happy to answer these questions for you: We professionally handle your transport damages within the liability chain and with your own or the opposing liability insurance.
Our Experts for this Specialty
Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law
Partner, Lawyer, Specialized Lawyer for Construction and Architectural Law, Specialized Lawyer for Transport and Freight Forwarding Law
If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.
Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.
Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.
When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.
For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.
Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.
We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).
For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.
Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.
We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.
To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.
Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law
Aircraft Damage Claims
When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.
Aircraft Damage Claims
Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.
Aircraft Leasing Agreements
In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.
Employment and Freelance Contracts for Pilots
Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.
Maintenance Agreements
Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.
Corporate Law
As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.
That's what you can expect
This is how we work at activelaw
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You tell us about your situation, we review your documents. We will give you an initial assessment of your case as soon as possible.
Your opportunities
Our experts will advise you on your chances of success and the individual options for your case.
Our promise
We advise and represent you in all legal matters until your request is successfully implemented.
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