Civil & Commercial Law

§Debt collectors, reminders and identity theft

If you are asked to pay for something you never ordered, you do not have to prove anything: the creditor must prove that a contract was concluded.

A name and a date of birth are often enough to order "on account". Fraudsters use other people's data to order goods, book trips, take out electricity and rental contracts, open accounts, credit cards and loans, or verify Bitcoin accounts by video ident. Victims usually find out only through reminders, collection letters or a negative Schufa credit entry.

A contract concluded by a third party in your name without your knowledge does not bind you. Still, do not throw reminders away: object, and have the matter checked if in doubt. Among other cases, we had a PAIGO collection procedure on behalf of Vodafone discontinued.

• Do not send copies of your ID card or passport by email, especially not when asked to on the phone.
• Keep devices updated, use long passwords and enable two-factor authentication for email and social media.
• Identity theft is a criminal offence (fraud and computer fraud); report it to the police.
• Beware of "helpers" offering to recover money lost to trading fraud who claim to work for BaFin: that is the next scam.

§Condominium law (WEG)

Disputes between owners, the owners' association and the property manager are a focus of our work.

Owning a flat means more than owning rooms: separate ownership of the unit, a co-ownership share in the common property, and membership of the owners' association. This close link leads to many conflicts. The Condominium Act (WEG) was fundamentally reformed in 2020.

• Review of all contracts relating to the residential property
• Distinguishing separate from common property
• Service charges (Hausgeld) and contribution disputes
• Structural alterations and disturbance by owners or tenants
• Preparing owners' meetings and resolutions; representing owners and managers at the meeting
• Challenging resolutions and representation in court

§Insurance: premium increases and cover confirmation

Private health insurers must give comprehensible reasons for every premium increase, or it is invalid.

The notice must name the calculation basis whose change triggered the increase. Many letters do not meet these minimum requirements, and courts up to the Federal Court of Justice have ordered insurers to repay. We review the increases over the past ten years and calculate what can be reclaimed, taking limitation into account.

Legal expenses insurance: as the policyholder you normally request cover confirmation (Deckungszusage) yourself. If we do it for you, separate fees arise under no. 2300 VV RVG that neither the insurer nor the opponent reimburses, unless the insurer had wrongly refused cover. We offer a fixed price for the request.

§Diesel emissions scandal: claims against manufacturers

If you bought a vehicle with an illegal defeat device, you can claim damages from the manufacturer.

On 17 December 2020 the European Court of Justice ruled that defeat devices such as the so-called thermal window are in principle unlawful. Models from many manufacturers are affected, including Volkswagen, Audi, Porsche, Mercedes-Benz, BMW, Opel, Fiat, Seat, Skoda and Subaru, and the Federal Motor Transport Authority (KBA) has recalled many of them. Refusing the software update risks deregistration, and driving bans reduce resale value.

• The manufacturer refunds the purchase price against return of the vehicle, minus compensation for use, which courts usually calculate on an assumed total mileage of 250,000 km.
• Claims become time-barred three years after the end of the year in which you learned of the manipulation; many courts look to the manufacturer's information letter.
• If the car was financed, revoking the loan may also be an option (see Banking & Capital Markets Law).
• We check your vehicle against the KBA recall data and clarify whether your legal expenses insurance covers the costs.

§Dismissal from employment

A claim against dismissal must be filed with the labour court within three weeks of receiving the notice, or the dismissal is deemed valid.

• The Dismissal Protection Act applies if employment has lasted more than six months and the business employs more than ten people (more than five for older employment relationships).
• Notice must be given in writing (§ 623 BGB); as a rule the employer does not have to state reasons in the letter.
• Severance pay is not required by law but is often agreed in dismissal proceedings; a rule of thumb is half a month's to a month's salary per year of service.
• If the dismissal is invalid, the employer continues to owe wages (§ 615 BGB) provided the employee offers to work. Other earnings are set off, as is what the employee maliciously failed to earn (Federal Labour Court, 24 January 2024, 5 AZR 331/22).
• Bring: employment contract, dismissal letter, latest payslip and the date you received the notice. Sign a termination agreement (Aufhebungsvertrag) only after taking advice.

§Discrimination based on origin or language

The General Equal Treatment Act (AGG) applies not only at work but also to tenancies, loans, treatment contracts and travel.

Russian-speaking residents of Germany, including German citizens from Kazakhstan, Lithuania or Moldova, report having employment contracts terminated, loans refused, hospital admissions declined or holidays cancelled because they speak Russian. Freedom of contract does not justify discrimination on grounds of ethnic origin. Those affected can claim monetary compensation, the amount of which depends on the individual case.

§Accused in a criminal investigation

Mistakes made during the investigation can hardly be corrected at trial. The aim is to have proceedings dropped before charges are brought.

• You do not have to attend a police summons. A summons from the public prosecutor or the court, however, is binding (§§ 163a, 133 StPO), even if you intend to remain silent.
• Do not make a statement without a lawyer, including after a traffic accident.
• The prosecutor must investigate on initial suspicion (§ 152 StPO) and drops the case if there is no sufficient suspicion (§ 170 StPO). Exculpatory facts should be presented in good time and in a targeted way.
• Typical allegations in our practice: fraud, computer fraud, money laundering, drink-driving, drug offences, theft.