Our Practice Goups
INTERNATIONAL BUSINESS LAW, INTERNATIONAL SUCCESSIONS & ESTATE PLANNING
Boris Dostal and Christian Franz are bar accredited specialist lawyers in international business law. Our DNA is to be the architects of our German clients’ projects abroad and of our French clients’ démarches in Germany. We advise on in and out-bound investments and in particular on cross border M&A and venture capital investments.
Needless to say that we are highly specialized in private international law and conflict of laws matters. Not only when it comes to defend our clients’ interests at court, but also when conceiving contractual arrangements in transactional matters and commercial agreement matters such as international sales and purchase contracts and distribution agreements. Identifying and applying the appropriate rules of law constitute an often neglected dimension of contract and disputes law which aims at building on the long run a solid and reliable legal basis for our clients business activities. Systematically contracting out the UN Convension on the International Sale of Goods may not always prove to the advantageous choice for our clients, and Brussels Ia is not a highway in Belgium.
Boris Dostal provides expert advise in international successions and estate planning to entrepreneurs and individuals, especially when it comes to deal with French/German cross border successions and transfers of assets and businesses to the next generation.
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Deal Insights!
Loan & Equitiy Financing re-structured for wind farm investor
DFA‘ Christian Franz und Mélanie Clerc advise German investors and operator of French wind farms in restructuring of equity investment and multimillion shareholder loans, moving lender role from investors’ holding vehicle to investor level.
#International Business Law #French Desk
Regulatory proceedings at European level
#International Business Law #Litigation
A few case examples for our practice from the last 20+ years with hands on management by the partners of DFA
Swiss client supported against German court judgement (application of EU-Regulation)
DFA‘ Nehle Bornemann succeeds in stopping enforcement of German default judgement rendered against Swiss client, by obtaining annulment of service of statement of claims, judgement and attachment order pointing out that service to Switzerland does not work under Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, but under the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Contrary to the Former, the latter does not allow,as far as Switzerland is concerned, direct service using postal services only but formal service through the official channel in Switzerland.
#International Business law #Litigation
DFA assisted German client to enforce loan repayment by a French Bank
DFA attorneys obtain enforcement of claim for loan repayment by French bank under a French notarized loan agreement, making use of the fact that payment claims under a deed notarised in France constitute an enforceable title under the Brussels I and Brussels Ia Regulation, without having to have recourse to the courts first. Within days of receiving copy of the deed declared enforceable by the competent German court, the debtor paid of the entire amount plus cost.
# International Business law # Litigation
# French Desk
Recent ICC arbitration proceedings in Paris
DFA team members have acted as counsel for oil and mining player in ICC arbitration in Paris involving German and French legal aspects.
#Dispute Resolution# International Business law #French Desk