Determination

Forges new paths.

Reliability

For your legal affairs.

Sustainability

Forward-looking legal advice.

Specialization

Mastery of the complex challenges of law.



Branches of law

Activities and areas of interest




Expertise

Core competencies


A balanced combination of core competencies in the fields of commercial and corporate law, tenancy and residential property law, employment and inheritance law enables me to advise and represent clients in all situations relating to these areas reliably and with an in-depth knowledge of the law.

As a result, clients benefit not only from the individual area of expertise but also from my knowledge and experience of all four areas of the law. Operations on behalf of companies on the one hand and private individuals on the other create benefits for both parties. This is particularly evident in activities on behalf of the employer / landlord on the one hand, and the employee / tenant on the other hand.

Within the scope of inheritance law, specialisation in commercial and corporate law and expert knowledge of real estate law are highly beneficial, because it often happens that the assets to be bequeathed are related to property and/or a company, or it may be necessary for tax reasons to prepare and implement the transfer of such assets gradually while the testator is still alive. These activities always make it necessary to see 'the bigger picture' beyond the individual legal field in order to identify the ramifications of the case correctly, and to be able to take the specific legal aspects of every area of the law into consideration.

Further information about me



Column


Bundestag approves brake on rents

On 05.03.2015 the Bundestag passed the so-called 'brake on rents'. The relevant law is to enter into force in mid-2015. The aim of the brake on rents is to counter the drastic rise in the level of rents, particularly in conurbations. However, the brake on rent levels only applies in areas where there is a shortage of accommodation. In such areas, when property is sub-let the rent must not be more than 10% higher than comparable rents in the locality. The brake on rents does not apply to new buildings. It follows that owners of newly-built apartments can rent them out without restrictions in the future. It is up to the individual federal states to identify specific areas as having 'a shortage of accommodation'. The draft legislation specifies the conditions under which an area qualifies as having a shortage of accommodation. The rental price brake will not apply everywhere in North Rhine Westphalia. Instead 59 cities and municipalities have been selected. Most of these are located in the conurbations around Dusseldorf, Cologne, Bonn, the Lower Rhine region, Aachen and Münster. In some cases, however, municipalities in peripheral areas have also been selected. Currently Duisburg, Essen, Bochum and Dortmund have not been included. In some areas of the Ruhr region there is still vacant housing, which means that any brake on rents because of a shortage of accommodation would not be justified there.

Tenancy law, Tom Ravi Druckenbrodt, May 2015

Secondary liability under company law when a company is transferred

The dispute arose from the fact that a former partner in a partnership under the Civil Code (GbR) was sued by a former employee for arrears of wages.The shareholders' agreement related to the operation of a restaurant. The defendant had only been a shareholder in the company for one month. At the end of this month the two partners agreed that the partnership was to be dissolved and liquidated. After that the other shareholder continued to operate the restaurant by himself. The court rejected any liability in the present situation, because there was no liability under the provisions of § 160 HGB in connection with 736 BGB, which relates to the withdrawal of a shareholder from an existing partnership (GbR) which is then continued as a partnership or as a sole proprietorship by the remaining shareholder. In the present case the decisive point was that the partnership had been liquidated without any universal succession. The Federal Court was of the opinion that in this case there were no grounds for any corporate secondary liability (cf. BAG judgment of 02.13.2014 8 AZR 144/13).

Company law, Tom Ravi Druckenbrodt, May 2015