Law in Germany and Poland
We advise you and represent you in both Germany and Poland in all matters related to commercial and fiscal law. We are a so-called inbound law firm, which means that we represent foreign companies domestically. The key areas we focus on are management of cross-border investment, and legal issues related to business operations. These are areas in which you will derive particular benefit from our profound knowledge of fiscal law in both countries.
We advise you in the following legal areas
German Commercial Law
Asian Companies investing in Germany
With our excellent networking connections, particularly in the East Asian region, we represent leading companies, and especially those from China, Japan and India, who wish to invest in Germany.
Please writo to: berlin@ vonzanthier.com
Conduct of Litigation / Arbitration Proceedings / Judicial Enforcement in Germany
Our German attorneys at law represent you in litigation before all German courts (civil courts; labour courts; administrative and financial courts) and before arbitration courts always with the aim of obtaining the happiest and quickest outcome for you. For over 25 years now we have successfully handled legal disputes affecting both sides of the Polish-German border. Following successful conclusion of your court proceedings, we undertake judicial enforcement of your judgment / arbitration ruling both in Germany and other countries as well. We are facilitated in this by our membership in DIRO, a European association of lawyers and the League of Lawyers, www.leagueoflawyers.net, a European-Asian association of lawyers, which enables us to draw on an international network of trusted colleagues.
Please write to: berlin@ vonzanthier.com
General German Contract Law
Contract law plays a major role in all areas of business. We advise you on purchase contracts, employment contracts, leasing and rental contracts, agreements and IT contracts. Our services cover the drawing up of contracts, Terms and Conditions, advice and support during contract negotiations as well as assertion of your rights from performance of the contract and warranties.
Please write to: berlin@vonzanthier.com
German Commercial Law / Law Governing Commercial Agents
Our advisory services cover all questions of German and Polish commercial law including commercial transactions, the UN Sales Convention, commercial authorisations and all other points of law touching on business operations. We offer in-depth advisory services on the law governing commercial agents and distribution rights. For years, Mr. von Zanthier has been introducing post-graduate students at Adam Mickiewicz University in Poznań to UN Convention on Contracts for the International Sale of Goods.
Please write to: berlin@ vonzanthier.com
German Labour Law / Law Governing Employees’ Rights
One important question every investor has to face is how and under what conditions he can hire and, if need be, dismiss employees. Our long experience in labour law can be of invaluable assistance to you here.
Often enough – and particularly after a company take-over – the investor is confronted with problems arising from applicable collective agreements and individual company agreements as well as the (not always so smooth) cooperation with the company’s works council. We stand by your side and help you to bring such issues to a successful and satisfactory outcome.
In collaboration with the Trade and Investment Promotion Section of the Embassy of the Republic of Poland in the Federal Republic of Germany, our law firm has produced a brochure on Employment of Polish Workers in the Federal Republic of Germany. To view the brochure, click on the following link on the page of Trade and Investment Promotion Section of the Embassy of the Republic of Poland in the Federal Republic of Germany.
Please write to: berlin@ vonzanthier.com
German-Polish Public Health Law
One of the areas in which we specialise is public health law and in particular the legal preconditions that underpin partnerships between German and Polish hospitals in this field. In this context we have a special focus on advisory services for cross-border investment and services in the healthcare sector, also in relation to telemedicine. We also assist in the development of cooperative alliances between medical faculties and medical training establishments in Poland and Germany.
Henning von Zanthier and Aleksandra Dziurzynska are co-authors of the standard reference work on Telemedizin published by Oldenbourg Verlag, in which they collaborated on the chapter on "Radiology and Teleradiology – The Similarities and Potential of Cross-Border Concepts between Germany and Poland" which appeared in the third edition of the yearbook HealthCapitel Berlin- Brandenburg 2011-2012 (edited by H.Kunze and S.Mutze). Furthermore, they also contributed a paper on "Healthcare without Borders: The Europeanization of National Healthcare Systems with Special Reference to German-Polish Cooperation" which appeared in the Deutsch- Polnisches Wirtschaftsjahrbuch 2011/2012.
Please write to: berlin@ vonzanthier.com
German Company Law / Company Acquisitions
We advise you on the setting up of your company, and in particular on which legal form your company should take in the light of given legal, fiscal and business considerations, and also on the drawing up of your Articles of Association to facilitate the smooth conflict-free running of your company; as well as various other requisite contracts and agreements such as contracts for members of the company’s executive board.
We offer you consultancy services for the acquisition and sale of holdings; company transformation and restructuring including all tax-related aspects; and we assist and support you in the implementation of such measures; in questions of executive management and cooperation between the parent company and subsidiaries; and in the organisation and conduct of shareholder meetings.
Please write to: berlin@ vonzanthier.com
Polish Commercial Law
Polish Company Law
Polish Company Law / Restructuring / Company Acquisitions
In the area of Polish company law, our consultancy services are tailored equally for German and other European investors who wish to gain a foothold in Poland, and for Polish companies themselves. We advise you on setting up your Polish company and in particular on which legal form your company should take in the light of given legal, fiscal and business considerations, and on the drawing up of your Articles of Association to facilitate the smooth, conflict-free running of your company; as well as on various other requisite contracts and agreements, such as contracts for members of the company’s executive board.
The particular advantage of our consultancy expertise for German investors lies in the fact that we are fully conversant with all standard forms taken by German Articles of Associations. Moreover we are able to transcribe them within the Polish legal context as we have excellent knowledge of company law in both German and Polish legal systems and as a result we are able to explain where all the minor and major differences lie.
We offer you consultancy services for the acquisition and sale of holdings; company transformation and restructuring including all tax-related aspects; and we assist and support you in the implementation of such measures; in questions of executive management and cooperation between the foreign parent company and its Polish subsidiaries.
Please write to: poznan@ vonzanthier.com
Polish Energy Law
Energy law is another area of expertise in our consultancy services, whereas the field of renewable energy is one of our particular strengths. The majority of our clients are engaged in the wind energy and geothermal sector. We give you all the advice and assistance you need to realize your projects in the wind energy sector. We also prepare the contractual basis on which they rest, and are always on hand to advise and support you during actual project roll-out.
Please write to: poznan@ vonzanthier.com
Polish Environmental Law
We support your company in the drawing up of contracts and in planning and authorisation procedures in all areas of Polish and German environmental law including emissions, waste, water and landscape protection.
In this context our law firm has a particular focus on the law governing renewable energy in which environmental issues play frequently a leading role. The clients we advise in this sector include leading German players in the wind energy sector like Vortex Energy.
Please write to: poznan@ vonzanthier.com
German-Polish Public Health Law
One of the areas in which we specialise is public health law and in particular the legal preconditions that underpin partnerships between German and Polish hospitals in this field. In this context we have a special focus on advisory services for cross-border investment and services in the healthcare sector, in particular in relation to telemedicine. We also assist in the development of cooperative alliances between medical faculties and medical training establishments in Poland and Germany.
Henning von Zanthier is co-author of the standard reference work on Telemedizin published by Oldenbourg Verlag, in which he collaborated on the chapter on "Radiology and Teleradiology – The Similarities and Potential of Cross-Border Concepts between Germany and Poland" which appeared in the third edition of the yearbook HealthCapitel Berlin- Brandenburg 2011-2012 (edited by H.Kunze and S.Mutze). Furthermore, he also contributed a paper on "Healthcare without Borders: The Europeanization of National Healthcare Systems with Special Reference to German-Polish Cooperation" which appeared in the Deutsch- Polnisches Wirtschaftsjahrbuch 2011/2012.
Please write to: poznan@ vonzanthier.com
Polish Commercial Law
Our advisory services cover all aspects of Polish commercial law. We have in-depth experience in the field of both national and European law governing Polish commercial agents and distribution.
Please write to: poznan@ vonzanthier.com
Asian Investment in Poland
By being a member of the professional association, the League of Lawyers, (www.leagueoflawyers.net), we are closely associated with various law firms in South and East Asia, in particular in New Delhi, India and Hong Kong, and have been increasingly consulting Chinese and Indian investments in Poland since 2011.
Please write to: poznan@ vonzanthier.com
General Polish Contract Law
Contract law plays a major role in all areas of business. We advise you on purchase contracts, employment contracts, leasing and rental contracts, lease and IT contracts. Whatever your project might be in this area, we will put it on a solid contractual footing. Our services cover the drawing up of contracts, advice and support during contract negotiations, and the assertion of your rights from performance of the contract.
Please write to: poznan@ vonzanthier.com
Private Polish Real Estate and Construction Law
Frequently enough investment projects have to deal with legal issues connected with property and real estate. We support and assist you in dealing with all the legal issues involved in the realisation of your real estate project. We advise you on the concept of your project and we assist in negotiations of contracts for the sale of real estate with close account taken of all relevant aspects of Polish land and fiscal law through to notarisation. Furthermore, in drawing up building contracts we are always concerned in giving the best possible protection to your legal interests. We advise and support you in asserting your claims arising from building contracts both in terms of out-of-court settlements and before the Polish courts.
Please write to: poznan@ vonzanthier.com
Polish Protection of Industrial Property Rights / Trademark Rights
We advise you on the registration of your trademarks as a national, international or Community trademark and support you in protecting your trademarks and asserting your legal rights under EU law. Our advisory services cover all aspects of unfair competition and legal issues with bearing on competition and antitrust law.
Please write to: poznan@ vonzanthier.com
Polish Labour Law
We advise employers - leading medium and large companies on all employment relationship issues relating to:
- establishment of the employment relationship, including the construction of employment contracts;
- employment of managers;
- duration of the employment relationship, including temporary employment, secondment of employees - both Polish employees to work abroad and foreigners emplyed in Poland;
- employment restructuring, transfers of workplaces;
- relations with trade unions;
- creation of internal sources of labour law, such as employment regulations, regulations of the Company Social Benefits Fund;
- development and implementation of anti-discrimination and anti-mobbing procedures;
- audits in the area of employee documentation;
- termination of employment relationships.
We also represent employers in labour law disputes - our over twenty years of litigation experience includes over two hundred cases in this area.
Please write to: poznan@ vonzanthier.com
Polish Insolvency Law
We advise and represent companies at risk of insolvency in terms of the Polish insolvency law, and advice and support you in the event of insolvency proceedings. Our consultancy services also include advice and support for restructuring procedures. We represent your interests in the event of insolvency on the part of one of your business partners, from the initial filing for insolvency through to advice and support in asserting your rights during actual insolvency proceedings.
Please write to: poznan@vonzanthier.com
Polish Transport Law
We advise shippers, transport companies and logistic services providers on the drafting of freight contracts and in the out-of-court / in-court assertion / defence of their contractual or statutory (liability) claims. We also support them before the Polish authorities in application procedures for a transport license.
Please write to: poznan@ vonzanthier.com
Polish Administrative Law / Public Building Law
Administrative law is another area of law that plays a large part in investment. We advise and represent you in the field of Polish administrative law, and especially public law governing construction and real estate. We make contact with administrative authorities on your behalf, represent your interests before them and instigate and supervise all requisite authorisation procedures.
Please write to: poznan@ vonzanthier.com
Conduct of Litigation / Arbitration Proceedings / Judicial Enforcement in Poland
Our Polish attorneys at law represent you in litigation before all Polish courts and before arbitration tribunals always with the aim of obtaining the optimal and quickest outcome for you. Following successful conclusion of your court proceedings, we undertake judicial enforcement of your judgement / arbitration ruling in Germany and other countries.
Please write to: poznan@ vonzanthier.com
International Law
European Law
80 % of national commercial law in the EU is coloured and shaped by EU legislation. This means that there can be no serious consultancy without taking full account of legislation on the EU level. Against the backdrop of European harmonisation, questions of European law play an especially vital role not only in international issues but also in purely national ones as well.
In more complex cases we examine EU legislation as the source of national law. In one spectacular case we even represented the Chinese subsidiary company of our client before the European Court of Justice.
As part of his training Henning von Zanthier worked both in the EU Commission, in the Directorate General for Competition and in the field of anti-dumping, all of which has given him much practical experience and insight into the ways legislation is applied by the organs of the EU.
Please write to: berlin@ vonzanthier.com
The United Nations Convention on Contracts for the International Sale of Goods
The United Nations Convention on Contracts (CISG) plays a major role in binational sales contracts since this law - and not any national law on the sale of goods - is generally applicable in such cases. Our attorney at law Henning von Zanthier has lectured on this subject at the Adam Mickiewicz University in Poznań since 2005. We advise and assist you in the cross-border sales of goods with full account taken of the special features of the UN Convention. We assert and enforce your rights and support and advise you in settlement negotiations, mediation and arbitration proceedings.
Please write to: berlin@ vonzanthier.com
International Private Law
Today business life is often shaped by a variety of different legal systems.
1/3 of Germany's gross domestic product is generated from foreign income.
Frequently the choice of applicable law in a contract is crucial in determining not only the way the contract is realised but also any possible warranty claims and issues of limitation. We use the standpoints of international private law to identify applicable law in your contracts and represent your interests according to relevant law.
Please write to: berlin@ vonzanthier.com
International Procedural Law
Enforcement of your claims across borders from collection procedures to judicial enforcement in another country is one of the key areas of our consultancy activities in the cross-border sector. We advise and support you in deciding issues such as before which court you can most successfully assert your claims and whether assets secured in another country can be seized.
Please write to: berlin@ vonzanthier.com
International Distribution Law
We also advise our clients in international distribution law. This involves not only questions relating to classical distribution, but also to distribution that is developing rapidly in the internet.
Classic distribution
Commercial agency law is a key point of classical distribution. Our lu§letter provides an overview of the most important points of the legal field, which provides information on the options for Brazilian companies entering the Germany market. You can find the Iu§letter here.
Online distribution in the EU
Online distribution has been recently gaining increasingly more significance. Website operators are being subject to ever more written warnings from competitors because they are not observing the provisions that apply to online distribution. There is a particular risk of getting an online warning for cross-border distribution since this also involves observing provisions from foreign legal systems. Common reasons for issuing written warnings are inaccurate terms and conditions and insufficient data protection declarations. For website operators from Austria, we have created a comprehensive report of the questions concerning operating on the German market for the Austrian Chamber of Commerce. Here you can find a sample of binational German-Austrian terms and conditions (in accordance with the legal situation valid until 12.06.2014) and a sample of German-Austrian terms and conditions with additions corresponding to the legal situation from 13.06.2014 as well as a sample of the data protection declaration. We are officially “Trusted lawyers of the Austrian Chamber of Commerce for the Austrian Embassy”.
Please write to: berlin@ vonzanthier.com
Specialisations
IT-Law
In the digital age, the structure of every company is shaped by information technology. From the design of software licensing agreements, to complex data protection issues, to the requirements of national and international online distribution: Our law firm advises and represents well-known companies in the ICT sector and consequently has the necessary experience to advise on all issues of IT and data protection law.
Our range specifically includes:
Software licences / Copyright law
- Software creation and software lease agreements
- Advice and legal representation in the event of licence infringement
Legal structure of online marketplaces
- Terms and conditions
- Data protection
The expansion of IT products consumers abroad, specifically in both EU and Asian countries
Legal structure of financing for start-ups
Legally compliant company profiles in social media
- Data protection and competition law
National and international data protection law
- Data processing and data storage in the company
- Data protection in conjunction with social media and e-commerce
- Labour law requirements for data protection
Please write to: berlin@ vonzanthier.com
Geothermal law
Activities in the field of deep geothermal energy in Germany and Poland
Our law firm has been advising German and international investors and local authorities on the implementation of geothermal energy projects for many years. We support our clients in their projects by combining legal expertise with a deep understanding of the field of geothermal energy production. We work with our clients from project conception to full implementation. We analyze which solutions are optimal for companies and support them in their implementation.
We have worked with the following pioneering companies - the projects have an investment value of 100 million to 2 billion euros:
- Hydrothermal, including all-round support for the project in Poznań over 100 MW/th. The customer for the heat production is the district heating network operator in Poznań
- Arctic Green Energy based in Singapore, open to all technologies (hydrothermal, petrothermal, heat pumps, possibly also near-surface geothermal, etc.), support for large geothermal projects in negotiations with the administration and energy partners in north-east Germany
- Cooperation with geothermal companies that want to produce heat and electricity in Germany and at the same time minerals such as lithium
- Intensive discussions on cooperation with petrothermal companies on projects in Germany
- Advising various oil companies that also want to produce hydrothermal energy
Our offer
- Provision of the legal structure of your Polish or German company for geothermal energy production
- Obtaining geological data, permits, concessions, etc.
- Legal advice on contracts with cooperation partners, especially energy partners
- Solving other legal issues
- Services in tax matters
- Accounting services
Please contact us: berlin@ vonzanthier.com
Cooperation with the Business Developer Finder Sp. z o.o.
- Network in Poland and Germany
- Reference to geological and other natural conditions
- Identification of energy partners (district heating network operators, industrial consumers, etc.) and initiation of dialogue
- Door opener for contact with municipalities
- Offer for various experienced cooperation partners: drilling companies, financiers, subsidisers, other service providers, etc.