NZP NAGY LEGAL offers comprehensive services in business law.
Commercial litigation in Germany and Europe
We handle complex, sensitive and high-value national and international litigations for our clients. We are licenced to represent clients before German and any other European courts of law or tribunals. Our main focus areas are Germany, Austria and Hungary.
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Our expert knowledge and experience of arbitral processes, the institutions and proceedings combined with our high German standards of client care and legal representation set us apart from any other law firms.
Our core competencies include:
• Breach of contracts for sale of goods and services
• Claims for damages and compensation
• Out of court settlements and negotiations
• Domestic and international court proceedings
We negotiate settlements on your behalf, pursue your claims or defend you against law suits regardless of where your opponent is based. We advocate before all German courts, foreign courts and arbitral tribunals. Our lawyers regularly litigate matters that arise from or are conducted in Germany, France, Netherlands, Austria, Switzerland, USA and Hungary.
Due to our cross-border activities, we offer specialist advice in the areas of private international law, international procedural law, EU law and the UN Sales Convention law. We also act as arbitrators in both national and international arbitrations.
Notable cases and opponents:
• ABB Group
• Ad-Tranz Group
• Bombardier Transportation
• Federal Republic of Germany before the Federal Finance Court
• Republic of Hungary before the European Court of Human Rights
• KeyTec (Philips) before the Royal Dutch District Court
• SUEZ Environnement S.A.S. before the Commercial Court, Vienna
• SUEZ Environnement S.A.S. before the International Court of Arbitration of ICC Austria
• GÖRG Rechtsanwälte in relation with in the insolvency of Quelle AG
Our principal partner, Laszlo Nagy, is a specialist attorney in German Corporation and Commercial Law and in International Business Law. He sits as an arbitrator at international arbitration courts including Swiss Economic Chamber’s Arbitration, Zurich and Hungarian Arbitration Court of the Economic Chamber. He is also an active member of the German Arbitration Institute in Cologne (Deutsches Institut für Schiedsgerichtsbarkeit– DIS).
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Arbitration – national and international
There are significant procedural differences between state court proceedings and arbitrations. These differences influence the outcome of the process. We believe the following two considerations are significant in any arbitration case:
Proper selection of the arbitrator(s) – the parties have the right to nominate the arbitrator(s) and must mutually agree as to their choice, otherwise the arbitration intuition may decide for them. This can be a daunting task for any parties acting without appropriate legal representation, especially if the arbitration proceedings take place abroad and in a foreign language as agreed by the parties.
As part of our services, we will assist you with the selection process and liaise with the other parties on your behalf so as to come to a mutual agreement. As legal counsels and arbitrators, we know many suitable specialists and have the resources to identify neutral arbitrators who have the necessary qualifications and expertise to properly judge the factual and legal aspects of any given case across Europe.
Varying rules of arbitration – another important decision for the parties to make is choosing a set of arbitration rules which can vary in complexity and subsequent costs. Commercial contracts usually include an arbitration clause which identifies which arbitration rules will apply in case of a dispute. We can advise you, either at the contractual stage or prior to an arbitration proceeding, about the suitability and costs of adopting arbitration rules of the most common European arbitration institutions.
We are particularly familiar with the rules and practices of the following institutions:
• International Chamber of Commerce (“ICC”)
• London Court of International Arbitration (“LCIA”)
• Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”)
• Swiss Chambers’ Arbitration Institution (“SCAI”)
• Vienna International Arbitral Centre
• German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit,“DIS”)
• Hungarian Chamber of Commerce and Industry Arbitration Court
“A Producer v. Three Purchasers” – on behalf of a Hungarian trading company, we issued a claim for unpaid goods against a Luxembourger holding company and its two wholly-owned subsidiaries. The issues involved; whether ICC had jurisdiction, whether the subsidiaries were bound by the arbitration clause and whether the arbitration costs were reasonable.
“An Investor of a Contracting Party v. a Contracting Party” – we represented an international energy company, claiming 8.5 million Euros for loss of net profit arising from breach of The Energy Charter Treaty and International Law. In this case, there were three choices of arbitral rules, namely the International Centre for Settlement of Investment Disputes (including Additional Facility Rules), a sole arbitrator or ad hoc arbitration tribunal under Arbitration Rules of the United Nations Commission on International Trade Law; and Arbitration Institute of the Stockholm Chamber of Commerce.
We have decades of experience in commercial transactions, contracts and court proceedings.
Our principal partner, Laszlo Nagy, is regular lecturer with the Bar Association of Nuremberg and Munich.
> Learn more about Distribution law
We represent and assist our clients in commercial transactions and sales, including:
• Contractual disputes and debts
• International Sale of Goods
• Mediation of trade disputes (we can either provide a mediator or a representative to mediate on your behalf)
Distribution law in Germany is determined by both national statutory and case law as well as European directives for which our attorneys are licensed and specialized for.
Due to our experience we are aware of the latest case law of the BGB (German Supreme Court), the Swiss Federal Supreme Court and the Court of the European Union.
Corporate Responsibility and Liability
Corporations in Europe are subjected to national and international regulations concerning conduct, duties and obligation by statute and regulation. Our partners are fully licensed and experienced in guiding clients through these obligations.
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Our law firm enforces the legal interests of individual partners or the company. Depending on the location of the conflict of interest, this may be outside or within a court case. Shareholder disputes may affect the shareholders of medical practices, clinics, commercial, manufacturing and trading companies as well as groups of companies equally.
We advise and represent shareholders and directors on all aspects of corporate law matters including internal disputes. Our lawyers have represented groups and individuals within various corporations such as medical practices, clinics, industrial companies, manufacturers, commercial enterprises and company groups.
We are committed to safeguarding our clients’ interests and the company’s commercial success. This means that we primarily endeavour to resolve issues through negotiation and aim to maintain or restore amicable relationship between the parties. However, we understand that some internal disputes can only be resolved through litigation. In this regard, we have experience of bringing action against supervisory board of shareholders and directors. We have also represented minority shareholders and challenged company resolutions.
We regularly advise individual and corporate clients on the following matters:
• Removal of directors
• Breach of directors’ duties and responsibilities
• Compensation payments for loss of office and “squeeze-outs”
• Shareholder disputes
• Minority shareholders’ rights
• Employees’ rights
We represent creditors and insolvent companies before and after filing for insolvency. On behalf of our creditor clients we challenge transactions made prior to onset of insolvency and the validity of the former decisions made by the insolvent company. We are particularly experienced in restitution proceedings where special knowledge of the rules and expertise are essential to win the case. We also advise clients who are facing insolvency about different options available to them including negotiated settlement, administration or liquidation.
> Learn more about Insolvency law
Our lawyers also act as insolvency administrators for companies and enterprises, subsidiaries and project companies, that are no longer required. In particular, they have been very significant in cases where there were assets in Hungary which either had to be traced or liquidated.
If you are winding up your company or going into liquidation especially in Germany, Austria, Hungary , UK or US, we can take care of everything from filing for insolvency until the full completion of the procedure in accordance with the national laws. We can provide a comprehensive service including the management of all legal and tax matters of the company.
We cover all types of intellectual property (“IP”) cases including non-contentious and contentious matters. Our main tasks in non-contentious cases are registering and/or protecting patents, trademarks, designs, database rights, trade secrets, confidential information and passing off. We also advise and assist our clients with unregistered rights such as copyright, unregistered trademarks and unregistered designs.
> Learn more about IP law, trademark law, copyright infringement, patent registration and competition law
In contentious cases, we represent our clients and advise them on a wide range of issues from commercial exploitation to infringement disputes and agreements that are either exclusively related to IP or arise within a wider context of commercial transactions. It is worth noting that our lawyers have specialist knowledge of IP laws in Germany, United Kingdom, United States and Hungary and the European Union.
Torts and damages
Successfully claiming damages depends on the quality of your legal representation. Claims may often fail from simple errors or incorrectly identifying the legal basis or justification.
Other claims may not be easily identified or even codified, and may require creative arguments and analysis to be successful.
We have profound knowledge also those areas of law which are regulated mainly by case law.
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Proving your case with the proper standard of evidence and analysis of factors can be complicated, and if not correctly done, fatal to your case. Our lawyers have the experience and technical comprehension to advocate your case successfully.
HungaryWe represent clients in all areas of Hungarian civil law including judicial proceedings before the Supreme Court of Hungary and the Hungarian arbitration courts. Our lawyers have an excellent command of the Hungarian language both orally and in writing. They have regularly advocated before Hungarian courts and therefore have profound knowledge of Hungarian statutory law and the recent development of case law.
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We provide for the German connections of the Hungarian Economic Chamber of Bács-Kiskun County. Our firm takes care of the increasing economic exchanges between Germany and Hungary.
We undertake all the legal procedures necessary for purchase or sale of enterprises, shares, companies, land or property in Hungary. This includes drafting land-purchase contracts according to Hungarian law and registering the new owner at the local Hungarian Land Register.
We are one of the few specialist law firms in the Bavarian region, instructed by foreign insolvency administrators regarding insolvency proceedings of Hungarian subsidiaries of insolvent foreign companies.
A, UK, USA, UAE, Iran
We represent the interest of our clients and Austria, the United Kingdom, United States of America, United Arab Emirates and Iran.
Our lawyers are fluent in all local official languages and have the experience to guide you through these legal systems.
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UNITED KINGDOM & ENGLISH LAW
ENGLISH CIVIL, COMMERCIAL AND CORPORATE RULES AND UK COMPANY LAW
We offer commercial and corporate legal services that involve English laws or is related to the United Kingdom. As we have both UK and German qualified lawyers, we are in the best position to provide a comprehensive range of services to clients who invest or trade in/from the United Kingdom. We represent UK clients in Germany and in other European countries. We also conduct civil litigation against UK entities and provide representation before civil courts of the United Kingdom and London Court of International Arbitration.
Our experienced team of UK and German lawyers advise and assist new start-ups, SMEs, multi-national companies, investors and lenders on a wide range of topics which include:
Agreements and contracts
• Preparation of Shareholders Agreements, Partnership Agreements or LLP Member Agreements
• Share Purchase agreements
• Co-operation agreements
• Joint Venture arrangements
• Confidentiality agreements
• Loan and Financing agreements
• Sale or Purchase agreements
• Agency and distributorship agreements
• Software agreements
• Terms and conditions
• Drafting, assessment and negotiation of contracts
• UK and multi-jurisdictional commercial contracts
• Advice on all aspects of contractual issues
• Establishment of a company, formation and registration in the United Kingdom and/or Germany
• Corporate reorganisation and reconstruction
• Business sales, mergers and acquisitions
• Corporate management and governance
• Partnerships and Limited Partnerships
• Joint ventures
• Insolvency matters
• Provision of nominee services, secretarial services and registered office services
• Contractual disputes and debts
• Intellectual Property Rights (infringement handling and preparation of applications for any registered IP rights and licensing contracts relating to the use of IP rights)
• Legal advice and assistance following Brexit
• Legal negotiations
• Mediation of trade disputes (we can either provide a mediator or a representative to mediate on your behalf)
COMMERCIAL TRANSACTIONS OR DISPUTES IN/FROM MIDDLE EAST
We believe that today’s ever growing international market calls for lawyers with broad legal knowledge to meet its everyday business needs. We also believe that it is important to be a leading specialist in the areas we practice. Therefore, we have created a strong team of individuals who possess both of these qualities.
Our team is made up of lawyers with diverse personal and legal backgrounds. They have practical legal experience in at least one foreign country. This enables us to provide a truly international and personalised legal service to our clients regardless of where they are based.
As well as representing clients in Germany and across Europe, we continue to expand our practices in other jurisdictions, particularly in the Middle East. As part of our expanding international practice in this region, we cover all legal aspects of commercial transactions and negotiations with Middle-Eastern companies or foreign investors in the Middle-East. Equally we represent the legal interests of Middle-Eastern investors and businesses in Germany and Europe.
We have global partners in the UAE region and Iran who complement our legal services. Our knowledge and first-hand experience of the political and cultural matters in the Middle East together with our ability to speak fleunt Persian, English and German, are the greatest advantages for our clients.
U.S. PRIVATE LAW IN GERMANY
ADVICE AND REPRESENTATION IN/FROM GERMANY
Living in Germany as an American can be difficult when you are suddenly facing a legal problem either while abroad or back home; you will often require the assistance of an attorney who has full knowledge of both the US and German legal system and rules. We can provide this service as we have both US and German attorneys working collaboratively from our office in Nürnberg. Obtaining assistance in person while in Germany is crucial to addressing and understanding your problem quickly and effectively, and seeking assistance sooner rather than later is better to finding a solution without delay. Whether you are a business or individual and requiring assistance in US legal matters while living in Germany you can contact us to discuss your situation and potential solutions. We also provide legal advice to service members and families of the armed forces living in Europe with U.S. Military Law specific skills and experience.
In particular, we can assist with general and personal civil or criminal matters as well as U.S. Military issues.
General civil and criminal matters include:
• Tort and Personal Liability
• Commercial Law, Partnerships and Business Enterprise
• Contract (cellphone, sales, service and utility contracts)
• Divorce, Child Custody and Family law
• Accident and General Liability
• Breach of German Laws
• Landlord and Tenant Dispute
U.S. Military issues include:
• Administrative and Criminal Military Proceedings
• Courts-Martial and Criminal Defence
• Separation Boards
• AR 15 Investigations
• Article 15
• Civilian Misconduct Board
• Dependant Care and Management
• NCOER Appeals
• Article 32 Hearings
• Rules and Army Regulations for Private Organizations
• Family Readiness Groups
We also provide representation in civil, political or human rights matters to include immigration, discrimination or basic freedoms.
Finding effective and personalized legal help as a United States servicemember, civilian, or other DoD employee is also difficult in Germany. American servicemembers are provided legal assistance services by the U.S. Government at no cost to them, however, there are limits to the extent they can assist, advocate or give advice. If you need aggressive and effective advocacy in military as well as civilian legal matters, and are not able to get what you need through the Government, we can help! Our attorneys have experience in assisting servicemembers/ soldiers and U.S. Government Employees and their families facing administrative procedures and adverse legal actions such as Article 15s, Summary Courts-Martial, separation boards, promotions, NCOER and OER appeals, Financial Liability Investigations (FLIPLS), Article 32 Hearings, as well as Personal law suits and contract disputes, private business matters, personal debt matters, letters of reprimand or GOMOR, financial disputes between individuals, family law, wills and trusts, and land-lord tenant disputes. If you are facing separation, we can fight to have you retained in the service, or if you have already been separated, we can also fight to have your unfavorable characterization of service changed. If you are accused of misconduct, or poor duty performance, your command may seek to involuntarily separate you or you may face other administrative punishments, but we can help you get justice and fair treatment.
We also help soldiers with Criminal Defense in Military Courts-Martial and German Courts. If you (or a family member) are stationed in Germany and are facing charges under the UCMJ, such as sexual assault, rape, theft, manslaughter, fraud or other criminal misconduct, and require a personal, aggressive and zealous advocacy right away in Germany or elsewhere in Europe, then we are ready to discuss your case face to face, and find your solution.
Strategic planning, consultations and supervision of your business projects in advance of your company’s current capabilities.
> Learn more about project management and escrow services
Our services include:
• Acting as an escrow agent
• Risk analysis
• Bylaws and contracting
• Legal representation