Our advice in public law matters is highly valued. For many years, the Handbook for Commercial Law Firms JUVE has highlighted our specialist knowledge in administrative law. Accordingly, the JUVE Handbook 2007/2008 states: Attorney Dr. Klaus Berghäuser „is regarded as an expert above all in the support of the public sector. For example, he represents local authorities or cities in connection with major infrastructure projects“. The JUVE Handbook 2009/2010 states the following: „In his broad spectrum of advice, Berghäuser’s focus on public law is particularly respected by competitors and clients“. Accordingly, the JUVE manuals in recent years have classified Dr. Klaus Berghäuser as one of the „frequently recommended lawyers“. In 2017 Dr. Klaus Berghäuser was awarded the „Legal Award“ by the Lawyer Monthly Magazine in the category „Administrative and Public Law – Law Firm of the Year – Germany“. In addition to Dr. Klaus Berghäuser, Dr. Thomas Berg is also highly regarded as a specialist lawyer for administrative law in Southern Hesse and advises several municipalities, among other thing in the field of public law. Our expertise in administrative law has long been in demand not only from local authorities, but also from companies, associations and citizens.

Public building law
We advise clients and represent them towards the building supervisory authority, especially if their application for an outline building permit or a building permit is rejected. We also frequently assist owners of neighbouring properties who feel that their rights have been impaired by a building project. A further focus of our legal activities in public building law is the support of development plan proceedings as well as the representation of municipalities in constitutional law cases or building permit disputes. We are also involved in the drafting and review of urban development contracts.

Environmental law, contaminated sites and immission control
Within the scope of environmental law, we concentrate primarily on the areas of immission control law, contaminated site issues, waste law and nature conservation law. We advise our clients in particular in connection with obtaining permits under environmental law – in particular under immission control law – as well as in environmental issues and problems arising in connection with the licensing and operation of plants. We also provide legal advice on contamination and environmental damage. Finally, we ensure that our clients are protected from unacceptable noise and odour nuisances as well as from expropriations and restrictions on use, e.g., through the designation of land and nature reserves.

Water law and water association law
We advise on all matters relating to water law and water association law. Among other things, we represent our clients in proceedings to obtain a water law permit or approval, but we have also been dealing with legal issues in the field of water association law for many years. An important focus is on the law governing the organisation of associations as well as membership disputes.

Municipal law and municipal commercial law
We advise and represent local authorities in citizens‘ petitions and decisions, disputes between governing bodies, challenging of elections, issues relating to public institutions as well as compulsory connection and use. In connection with the economic activities of local authorities, we support them in the formation of companies, associations and cooperations. We also represent municipal enterprises in the extrajudicial and judicial defence of third party claims under competition law.

Economic administrative law
Our expertise in the field of economic administrative law extends to trade law, restaurant trade law, crafts law, the law of independent professions and subsidy law. We mainly represent medium-sized companies from the trade, service and craft sectors, as well as companies and freelancers such as doctors, pharmacists and architects.

Sectoral planning law (construction of roads, railways and airports)
In this area, we mainly represent those negatively affected by sectoral planning. Our range of clients includes, in particular, public bodies such as municipalities, but also companies and private individuals who wish to defend themselves against the construction and extension of roads, railways and airports.

Civil service law
We advise and represent civil servants and judges in disputes with their employer, in particular in so-called status matters such as competitor disputes. We also assist with legal protection against secondments and transfers.

Insurance law

  • General insurance law, recourse of the insurer and the social insurance carrier
  • Special insurance law, such as property insurance, liability insurance, health insurance, life insurance and accident insurance

Civil traffic law

An essential part of civil traffic law is the settlement of claims following a traffic accident and we provide support in the context of claim adjustments of insurance companies. There are regular difficulties with the opponent’s liability insurance in the assertion of liability and with regard to individual damage items. We support our clients if relative objections are raised against the claims to which they are entitled.

As a participant in an accident, you may be exposed to material damage and/or personal injury.

Material damages may include repair costs, decrease in value, total loss, expert costs, loss of use and rental car costs. In principle, you can choose between different billing modalities (fictitious billing based on an expert opinion or concrete billing).

In turn, personal injuries include compensation for pain and suffering, loss of earnings and housekeeping damages.

The costs associated with our activities may be part of your claim for damages, so they will also be claimed against the other party’s liability insurance.In the event of an unjustified claim, we will also provide support in defending such claims.

Traffic criminal law and administrative offences law 

In addition to civil traffic law, we also assist you in the field of traffic criminal law and administrative offences law. 

 After a traffic accident, the police usually initiates fine or criminal proceedings against the person responsible for the accident. In particular, the following offences can be considered: drunk driving, endangerment of road traffic, coercion in road traffic, driving without a driving licence or unauthorised removal from the scene of the accident. 

 If there is no evidence for a criminal offence, a fine procedure may be considered. For example, in the case of violation of the right of way. A secondary consequence can be the entry of points in the driving suitability register or even a driving ban. 

Other examples of administrative offences that can be considered are speeding violations, red light violations or failure to observe the safety distance.

In private as well as in business sectors, issues relating to tax effects are becoming increasingly important. Therefore, we are not only active in the formation of future regulations. We also represent you in negotiations with tax authorities. If there is no solution, we will also be active before fiscal courts.

We will advise you in various areas, such as:

  • Tax code
  • Income tax
  • Corporate income tax
  • Value added tax
  • Real estate transfer tax
  • Inheritance and gift tax
  • Non-profit status of associations
  • Proceedings before tax offices and tax courts
  • Criminal prosecution of tax offences
  • Liability of tax advisors to their mandates

Tenancy law
The rental and leasing of real estate is becoming increasingly important. This includes not only commercial areas such as offices, restaurants, hotels and industrially used areas, but also rooms for living, company housing, company rental apartments and finally agricultural areas.

Nowadays a written lease contract is indispensable. The most important aspect is the content of a rental agreement, which should be individually adapted to each project. Rent and ancillary costs (operating costs) should be specified precisely. In the case of commercial premises, one should also consider how rent and ancillary costs can be adapted to the development of purchasing power.

The rights of the landlord and tenant during the tenancy must also be precisely defined and arranged. This includes renovation, maintenance, aesthetic repairs, changes of use and premature terminations of contracts.

Careful drafting of the tenancy agreement help to avoid disputes, prevent ambiguities from arising at all and determine important legal positions.

Our law firm advises and represents tenants, landlords, leaseholders and lessors in both commercial and private tenancy law. We represent our clients in court throughout Germany and also in the enforcement of court decisions.

We examine whether reduction claims are justified, whether elimination or omission can be demanded, and we exercise the rights of our clients comprehensively in order to find a quick but also economically reasonable solution.

We explain how a rent increase can be enforced and also assert your claims in court.

Real estate, brokerage and condominium law
We advise you comprehensively regarding all issues in connection with the acquisition of a property and its use.

This includes in particular:

Issues relating to the drafting of contracts for the acquisition of real estate, the justification or assertion of broker commissions, disputes between buyers and sellers of used real estate, in particular liability issues, advice on all matters relating to residential property law, in particular support for property management companies as well as disputes between owners.

Medical law in recent years has been characterised by the constant juridification of the health care system through numerous reforms and an increasing degree of regulations. The addition of steady medical progress and the dynamic of case law have repeatedly posed new challenges for all those involved. It is our goal to provide for our clients the basis of factually correct decisions and to point out options for action. We ensure interdisciplinary advice and representation, in particular in the fields of labour, corporate and tax law.

The main areas of our activities are:

Labour law for medical professions / Chief physician law
We are happy to assist you with issues relating to employment and service contracts in hospitals as well as with the drafting of employment contracts for medical and non-medical personnel in the private practice sector. In this context, we provide advice with regard to the specifics of professional and contractual physician law. If, for example, a doctor is employed in a medical practice for regular work, prior approval from the admissions committee must be obtained. In this context, it should  also be taken into account that the professional code of conduct does not contain any numerical limitation of the number of employed physicians, but the owner still has to personally exercise and manage the medical practice (§ 19 Paragraph 1 S. 1 MBO). Personal practice requires more than simply assuming responsibility for the treatments provided. Depending on the specialist area, criteria for personal practice and performance must therefore be developed, taking into account that relevant court rulings have not yet been issued. In this context, remuneration regulations which must be compatible with the fundamental idea of the service contract and thus with Section 307 (2) No. 1 of the German Civil Code (BGB) are also of major importance. Furthermore, we provide support in matters of post-contractual competition or – as an alternative – the agreement of a patient transfer clause.
We also provide support in the event of termination or change of service or employment relationships. We represent both employers and always try to reach an amicable solution. Of course, we also support our clients in court if a labour dispute cannot be avoided.

Medical malpractice law
We represent practitioners relating to claims of medical liability, i.e., the review and negotiation of claims for compensation for suffering and claims for damages (medical treatment costs, loss of earnings, financial management damage and additional care requirements) in the event of suspected errors in information, treatment and organisation. The term „treatment error“ primarily questions whether the physician has made justifiable decisions about diagnostic and therapeutic measures in the specific case using the medical knowledge and experience required of him/her and has carefully implemented these measures. By its very nature, this field of law is emotionally charged due to the personal involvement of the patient and has far-reaching consequences for all parties involved. We therefore guarantee competent, trustworthy and personal care for our clients where we focus on the defence (practitioner) of possible claims. We support our clients in the interdisciplinary processing of complex facts with the integration of medical expertise and represent them in extrajudicial proceedings, safeguarding their interests in arbitration boards and expert commissions and in long-term court proceedings.

In order to limit liability risks, we advise physicians, professional associations as well as hospitals on the legal framework of due diligence, information and documentation obligations and support them in developing a practicable risk management system.

Contract and corporate law
Both the cooperation between practitioners and the cooperation with providers of therapeutic appliances require individual contractual bases. This is where the aspects of company contracts, professional law, contract doctor law and tax law come together. The possibilities for cooperation, which have to be checked for suitability on the basis of concrete circumstances and individual goals, are manifold (joint practice, job-sharing partnership, practice sharing, medical care centre, etc.). We advise our clients on the choice of cooperation forms and take over the drafting of contracts. In this context, we support our clients in finding a solution that is in line with their interests and in meeting the requirements of the Association of Statutory Health Insurance Physicians and the case law.

Finally, we also advise on the sale and takeover of medical practices as well as the employment of physicians. In this respect, we point out the different options and draft corresponding contracts.

Commercial agent law and distribution law

Our clients include commercial agents as well as entrepreneurs.

We advise in all legal matters relating to commercial agents and distributors, in particular

  • Drafting of contracts for distributors and commercial agents,
  • Advice in connection with the termination of contracts for commercial agents and distributors,
  • Verification and defence of commission and compensation claims

As lawyers and notaries, we cooperate – if necessary – with other colleagues from our office or with experienced external tax advisors, if tax or other complex legal issues in various areas are involved. If required, we can also recommend relevant experts.

Corporate law is first and foremost statutory law. In this area, the legislator regularly contributes to a lively development through a multitude of new laws, especially in the field of company law. In this area, too, the continuing influence of case law is significant. As a result, structures that were correct and permissible years ago can now lead to considerable risks for companies and their shareholders.

Our decades of experience in the field of corporate law, combined with consistent further training, enable us to advise and support our clients in all areas of corporate law. The focus of our activities as attorneys is on the drafting of „made to measure“ company agreements. This applies in particular to partnerships and commercial partnerships, but also to limited liability companies and stock corporations. Our legal activities also include the review of articles of association and partnership agreements, but also representation in all corporate litigations. Finally, we assist our clients in the sale and acquisition of companies. But we deal with many other matters relating to corporate law as well.

Our notary’s office provides services in the formation of corporations (in particular limited liability companies and public limited liability companies), in case of capital increases or reductions, but also in all other amendments to the articles of association. We provide notarial support for all transactions in the field of corporate restructuring law (mergers, divisions, asset transfers and changes of legal form) and record shareholders‘ meetings.

We carry out all types of commercial register entries and prepare corresponding drafts.

Our clients include medium-sized companies as well as large group companies.

This branch of law deals with unfair competition, industrial property rights, labelling rights and copyright. Industrial property rights include rights entered in the register which protect technical and aesthetic performance. Industrial property rights include technical property rights such as patents, utility models, plant variety rights, design patents and trademarks.

We advise and represent our clients out of court and in court. Warning letter are of great importance. In this respect, it must be checked immediately whether the accusation is justified or not in order to avoid high (unnecessary) costs of a court case.

By means of a temporary injunction, an inadmissible behaviour can be prohibited at short notice and effectively. In this context, many formal requirements must be observed. But even those who are wrongly claimed can appeal against a temporary injunction.

The external presentation of a company with the help of brands and symbols is becoming increasingly important. These should be secured at an early stage by registering trademarks with the German Patent and Trademark Office. Once a trademark has been registered, it should be constantly monitored so that other symbols cannot jeopardise this protection. Many companies have creative ideas leading to a special design. This must be protected against imitators and exploitation. Design patents and other rights can be used for this purpose.

Competition law, which is regulated in the Unfair Competition Act (UWG), is becoming increasingly important. Misleading advertising or unfair business practices are prohibited. Under certain conditions, comparable advertising is permissible today. Unacceptable harassment is still prohibited.

Our office has decades of experience in the field of industrial property rights, above all in competition law, trademark law, copyright law, the enforcement and defence of claims, warnings, main proceedings and injunction suits.For decades, our law firm has been cooperating with a nationwide association for the promotion of commercial interests.

One main area of our legal and notarial activities focuses on family law.

Statistically, every third marriage gets divorced. At the same time, there are more and more non-marital partnerships. The legal regulations are usually unknown to those involved. This makes it all the more important to inform yourself at the very beginning of such a partnership and, if necessary, to take precautions by means of appropriate contractual arrangements.

Even if such a provision has been made, but especially if it is missing, the parties involved need competent legal support in the event of conflict, e.g., in the case of separation and divorce, in order to avert greater damage.

We provide our clients with legal support in every phase of this personally important and existential phase of life.

Main areas of our activity in the field of family law are:

Marriage contracts
We draw up individual marriage contracts before and during the marriage. These are tailored to the personal situation of our clients, e.g. through a modified joint ownership of the increase in capital value of assets. We also check your marriage contract for effectiveness or give recommendations for the adjustment of a marriage contract in case of changed concepts of husband and wife, e.g. due to a different life plan or a change of case law. We recommend a regular review of the marriage contracts, even during an intact marriage.

Separation and divorce agreements
Prior to a separation or divorce, we advise on all issues that need to be settled and draw up or negotiate a suitable separation and divorce agreement.

Extrajudicial and judicial representation in family matters
We assert our clients‘ rights with regard to alimony, pension adjustment, marital home and household effects quickly and purposefully, represent them in the assertion of custody and visitation rights and accompany them in lengthy and difficult asset disputes. In doing so, we try to find cost-effective and out-of-court solutions in the interest of our clients.

In case an out-of-court settlement should fail or be not expedient for other reasons, we represent our clients in the first and second instance of all family law proceedings and related matters. This may include the assertion of spousal and child support as well as the settlement of matrimonial property regimes, household effects, family homes and compensation for pension claims.

We also represent our clients in contentious disputes concerning the handling and custody of their legitimate and illegitimate children.

We also submit expert opinions on the prospects of success of proceedings not conducted by us. If a „second opinion“ is needed, we will examine your case and issue a statement.

International family law
In the field of family and inheritance law we are active nationally as well as internationally. If a foreign law applies, we cooperate with experts in this field of law.

Care, health care proxy and living will
We provide support on issues relating to guardianship law and draw up health care proxies and living wills.