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Germany Corporate & Commercial Legal Questions answered by Lawyers

Browse our 4 legal questions about Corporate & Commercial in Germany and read the lawyer answers, or ask your own questions for free.

Can I legally terminate a fixed-term service contract early without penalties in Germany?
Corporate & Commercial Contract
I signed a 12-month IT support contract with a German company. They want a termination fee if I cancel after six months. Is such an early-termination clause enforceable under German law, and what options do I have to challenge or negotiate it?
Lawyer answer by YILMAN HUKUK BÜROSU

Nach deutschem Schuldrecht handelt es sich bei einem IT-Support-Vertrag in der Regel um einen Dienstvertrag gemäß § 611 BGB. Bei einer festen Laufzeit von 12 Monaten ist eine ordentliche Kündigung vor Ablauf der Befristung grundsätzlich ausgeschlossen. Allerdings unterliegt die Wirksamkeit...

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What duties do German company directors owe when approving related‑party transactions?
Corporate & Commercial Corporate Governance
As a board member of a GmbH in Germany, I'm reviewing a large contract from a related party. I'm concerned about conflicts of interest and compliance with the German Corporate Governance Code. What steps are required to document the conflict, obtain proper approvals, and manage potential liability?
Lawyer answer by Streiff Law - your International Business Law firm from Berlin

In the board resolution document you need to protocol your objection and potential dissenting vote. Proper approvals depend on the board statutes and the company bylaws. Liability may also be mitigated with a D&O insurance. For further questions please send...

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What steps can I take in Germany to sue a supplier for breach of a long-term contract and recover damages?
Corporate & Commercial Commercial Litigation
We signed a two-year supply agreement with a German supplier. They repeatedly missed delivery deadlines and supplied substandard goods, causing measurable losses for our business. Should we start with mediation or arbitration before court, and what are typical costs, timelines, and chances of success?
Lawyer answer by Streiff Law - your International Business Law firm from Berlin

It can help to try mediation or arbitration first if there is a chance for an amicable solution, especially given the lengthy collaboration. The legal costs depend on the amount of damages or repayment claims in question. How much do...

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