French Desk | Germany-France Legal Services

German companies and individuals often require support for French matters — from expanding operations and contending with French regulatory environments to handling German-French disputes, inheritance, or family law cases. German businesses entering French markets must comply with regulatory requirements differing from German frameworks in labor law, commercial practices, and corporate governance. Family law matters involving German nationals in France require coordination between systems, while inheritance cases may involve French notarial procedures unfamiliar to German legal advisors.

We provide German clients familiar German-language guidance while coordinating specialist French legal expertise through our partner network. German companies and individuals maintain a single legal relationship with us while receiving reliable French legal coverage, eliminating the complexity of managing multiple advisors across countries.

French companies entering Germany typically establish a subsidiary or branch office. The GmbH (Gesellschaft mit beschränkter Haftung) is most popular due to its similarity to the French SARL. The GmbH requires minimum share capital of €25,000 (€12,500 paid at registration) and offers strong credibility with German banks and partners.

The Aktiengesellschaft (AG) suits larger enterprises requiring sophisticated governance frameworks, with minimum capital of €50,000. French businesses familiar with the SA structure will find the AG comparable, though German corporate governance requirements differ. Branch offices (Zweigniederlassung) offer simpler establishment without separate legal personality, though with different liability considerations.

The UG (Unternehmersgesellschaft) offers capital-efficient entry with €1 minimum capital, suitable for start-ups planning to convert to GmbH as reserves grow. Profit retention requirements apply until reserves reach €25,000, and the UG carries lower initial market perception.

We assist French companies in selecting optimal structures. Our services include evaluating entity structures based on market strategy and capital preferences, maximizing France-Germany double taxation treaty benefits, and coordinating German commercial register (Handelsregister) requirements with French RCS obligations. The formation process involves notarization, capital deposit, and commercial register entry—procedures that differ from French company formation.

German operations require trade registration (Gewerbeanmeldung) and tax registration (Finanzamt) for VAT and corporate tax. Germany’s federal structure means licenses and permits vary by state (Bundesland) – different from France’s centralized regulatory system.

For sectors requiring specific authorization—financial services, healthcare, food production, professional services—we coordinate regulatory approvals with German authorities, minimizing delays. EU mutual recognition directives facilitate recognition of French professional qualifications. We guide French professionals through recognition procedures and coordinate with German professional bodies where additional certification is required.

Joint ventures between French and German companies enable market entry while leveraging local expertise and minimizing capital commitments. Partnership structures range from contractual joint ventures (maintaining separate entities) to equity joint ventures establishing new German subsidiaries.

We structure agreements addressing governance frameworks, intellectual property arrangements, profit distribution considering Franco-German tax implications, and exit strategies including buyout provisions. For French businesses in automotive, aerospace, luxury goods, food production, or technology sectors, we facilitate partnerships with German companies providing immediate market access and regulatory expertise.

French companies acquiring German businesses choose between share deals (acquiring ownership through share transfer) and asset deals (purchasing specific assets and liabilities). Share deals transfer the entire entity including contracts, tax positions, and liabilities, requiring thorough due diligence on hidden liabilities and change-of-control clauses. Asset deals enable selective acquisition while avoiding unwanted liabilities, with detailed specification of transferred assets.

German M&A requires notarization for GmbH share transfers and real estate acquisitions. Employment relationships transfer automatically under Section 613a BGB in asset deals involving business units—different from French Article L1224-1 rules, though both protect employee rights.

We advise French buyers on optimal structures, coordinating share versus asset deals based on acquisition objectives. Our services include structuring transactions to optimize the France-Germany double taxation treaty, assessing German corporate tax positions including loss carryforward limitations, and evaluating post-acquisition restructuring.

Comprehensive due diligence forms the foundation of successful acquisitions. Legal due diligence examines corporate documents, material contracts, intellectual property portfolios, litigation, and regulatory compliance across employment law, environmental obligations, and industry-specific licensing.

We conduct German legal due diligence for French acquirers, identifying deal-breaker issues including undisclosed liabilities, liquidity concerns, and critical contract expirations. Financial due diligence assesses balance sheets, working capital, and debt structures. Tax due diligence identifies liabilities, evaluates loss carryforwards, and structures transactions for optimal efficiency.

We manage complete transaction documentation from letters of intent through binding purchase agreements addressing price adjustments, representations and warranties, indemnification mechanisms, and closing conditions.

Post-acquisition governance requires coordination between French parent companies and German subsidiaries on management appointments, reporting obligations, dividend policies, and reserved matters requiring approval.

We draft shareholder agreements addressing voting arrangements, transfer restrictions including drag-along/tag-along provisions, deadlock resolution, and exit strategies. German managing directors (Geschäftsführer) bear personal liability for certain obligations—different from French gérant roles. Agreements address appointment and removal procedures, authority scope, indemnification, and D&O insurance.

For French companies establishing German subsidiaries through M&A, we coordinate integration addressing employment law implications, works council consultation requirements, and compliance frameworks.

Cross-border sales contracts between French and German companies are governed by the UN Convention on Contracts for the International Sale of Goods (CISG), which both countries ratified. The CISG applies automatically when parties have places of business in different countries, though parties can exclude it. EU membership simplifies trade through harmonized consumer protection, standardized VAT, and streamlined customs eliminating border controls.

We draft and negotiate international commercial contracts ensuring agreements address choice of law provisions, jurisdiction clauses, payment terms, delivery specifications, and retention of title clauses (Eigentumsvorbehalt) with German legal formulations. Germany’s Supply Chain Due Diligence Act (companies with 1,000+ employees) imposes human rights and environmental obligations affecting French businesses with German operations.

French businesses should use professionally drafted German-language general terms and conditions (AGB), as provisions standard in French commercial practice may be unenforceable under German law. We review and adapt French commercial terms for German compliance.

French companies distributing in Germany follow frameworks governed by the German Commercial Code (HGB) and EU competition law. Distribution structures include exclusive, sole, or non-exclusive arrangements. Vertical agreements are prohibited if combined market share exceeds 30%. Selective distribution agreements limit authorized dealers based on quality requirements.

Commercial agency under German law differs substantially from French practice. Commercial agents act as intermediaries earning monthly commission with mandatory compensation rights under Section 89b HGB upon termination. These claims, based on customer value and future commissions, cannot be contractually excluded.

We structure distribution and agency agreements addressing territorial definitions, credit terms, IP rights, non-competition clauses, and dispute resolution. For French businesses in luxury goods, cosmetics, food and wine, automotive, or industrial equipment, understanding German agency law is essential.

Franco-German disputes benefit from EU frameworks simplifying cross-border enforcement. The Brussels I Regulation provides automatic recognition of judgments between member states. French court judgments are recognized in Germany without exequatur proceedings, and vice versa.

We represent French companies in German litigation while coordinating enforcement strategies. International arbitration offers neutral venues and enforceable awards. We draft arbitration clauses addressing seat, procedural rules, arbitrator selection, and proceedings language. Many disputes resolve through pre-litigation negotiations and mediation. Debt collection services manage complete recovery from demand letters through enforcement.

Our employment law practice provides specialized support for French companies dealing with German employment requirements. Recognized by Handelsblatt as “Best Law Firm 2025” in employment law, our team comprises certified specialists who coordinate cross-border employment matters and ensure German workplace compliance.

French companies employing staff in Germany must comply with German employment law, which provides substantial worker protections. While French nationals require no work permits, employment relationships must adhere to German standards, which differ from those outlined in the French Code du travail.

German employment contracts address job descriptions, remuneration, working hours, holiday entitlements under the Federal Leave Act (BUrlG), notice periods, and data protection. We draft German contracts to ensure compliance, rather than translating French agreements, as provisions standard in French employment law may be unenforceable under German law. Fixed-term contracts face strict limitations, including a maximum of three renewals within a two-year period, which differs from French CDD regulations.

German law provides co-determination rights through works councils (Betriebsrat), established in companies with five or more eligible employees. Works councils possess extensive rights under the Works Constitution Act (BetrVG) covering personnel, social, and economic decisions—significantly different from French comité d’entreprise structures.

Works councils must be consulted on working time, recruitment, dismissals, and workplace health. Companies with 20 or more employees face works council veto rights over certain decisions. We advise French businesses on German co-determination, ensuring compliance with collaborative decision-making. Failure to consult can render management decisions legally ineffective.

French companies posting employees to Germany benefit from EU freedom of movement, which eliminates visa requirements. However, posting requires compliance with German employment law, coordination of social security under EU Regulation 883/2004, and income tax obligations that differ from French détachement procedures.

We coordinate posted worker arrangements to ensure compliance with the German minimum wage, working time, and documentation requirements. Posted workers typically remain in French social security for up to 24 months, provided they hold A1 certificates. Employees working in Germany for more than 183 days annually become liable for German income tax, necessitating coordination with the France-Germany double taxation treaty. We manage the complete process from A1 applications through ongoing compliance and tax coordination.

The Dismissal Protection Act (KSchG) requires valid grounds for termination: personal, conduct-based, or operational reasons. Ordinary terminations require written notice respecting statutory periods under Section 622 BGB, which vary from two weeks during probation to seven months for 20-year employees. German procedures differ substantially from French requirements involving different notices, mandatory procedures, and potential administrative authorizations.

We advise French companies on managing German terminations and dismissals, while coordinating with the requirements of their French parent company. Termination agreements (Aufhebungsverträge) allow for negotiated separations, including severance packages. Pregnant employees, those on parental leave, works council members, and severely disabled employees receive special protection. We manage unfair dismissal claims and coordinate termination strategies.

French businesses protecting their brands in Germany can register trademarks at three levels: the German Patent and Trademark Office (DPMA) for German protection, the European Union Intellectual Property Office (EUIPO) for EU-wide coverage, or the World Intellectual Property Organization (WIPO) for international registration. German trademark law protects word marks, figurative marks, three-dimensional designs, and color marks, with protection arising only upon registration—different from France’s system, which recognizes some rights through prior use.

We conduct comprehensive trademark searches before registration to avoid conflicts, as similarity can create confusion that may prevent registration or trigger infringement claims. Our services include advising on optimal registration strategies, managing DPMA or EUIPO applications, and coordinating WIPO registrations for broader protection.

Trademark enforcement involves the use of cease-and-desist declarations, preliminary injunctions, and damages claims. We represent French businesses in German trademark disputes from cease-and-desist letters through court proceedings. Coexistence agreements resolve conflicts by defining usage boundaries and territorial limitations. German courts require swift action, rejecting claims of urgency if infringement awareness exceeds one month.

German patents provide 20 years of protection for technical innovations. Utility models (Gebrauchsmuster) offer faster registration with 10-year protection for incremental innovations, achieved through a simpler registration process without the need for thorough examination.

French companies can file directly with the DPMA for German protection or through the European Patent Office (EPO) for EU-wide coverage. We advise on optimal patent filing strategies, managing applications through German and European systems while coordinating with French patent counsel. Patent infringement actions involve injunctive relief, damages, product destruction, and information rights. We represent French companies in disputes, managing enforcement and coordinating defense strategies. IP due diligence in Franco-German M&A transactions requires a comprehensive portfolio assessment, including a validity review and an evaluation of infringement risk.

Licensing agreements require precise definition of usage rights (exclusive versus non-exclusive), territorial scope, temporal limitations, and royalty structures. German copyright law grants automatic protection for software and creative works. We draft and negotiate licensing agreements addressing sublicensing permissions, quality control, and termination provisions.

Non-disclosure agreements protect confidential information during technology transfer or joint development. German trade secret law (Geschäftsgeheimnisgesetz) implements the EU Trade Secrets Directive. We draft IP agreements that specify the governing law and dispute resolution, ensuring French businesses maintain protection throughout cross-border collaborations.

As German lawyers, we provide direct legal advice on German law matters while coordinating with our network of partner law firms across France for matters involving French law. This integrated approach ensures clients receive comprehensive legal support across both jurisdictions without managing multiple legal relationships.

International transactions, family law cases, and business disputes frequently involve questions of German law, French law, or both jurisdictions simultaneously. Rather than requiring clients to manage separate legal relationships in different countries, our French Desk provides coordinated solutions. When matters involve multiple jurisdictions, we coordinate with legal professionals across France as needed, developing strategies that efficiently address all legal requirements.

International divorce proceedings between Germany and France benefit from EU frameworks simplifying recognition and enforcement. The Brussels IIa Regulation provides automatic jurisdiction rules, while Rome III Regulation allows spouses to choose applicable law or defaults to habitual residence. French divorce decrees are recognized in Germany without separate proceedings, and vice versa.

German divorce law requires proof of irretrievable breakdown through permanent separation—typically one year with mutual consent or three years without. Asset division follows community of accrued gains (Zugewinngemeinschaft), equalizing net worth increases. Pension equalization (Versorgungsausgleich) redistributes retirement benefits, requiring coordination with French pension systems.

We handle international divorce for Franco-German couples, managing jurisdictional assessments to determine optimal filing locations, coordinating asset division across both countries, and ensuring pension calculations properly account for French entitlements. Our approach addresses cross-border divorce complexities while protecting your interests under both legal frameworks.

Prenuptial agreements and marriage contracts play significant roles in Franco-German family planning, particularly given French marriage contracts (contrat de mariage) prevalence. French marriage contracts executed before French notaries require review for German enforceability, as provisions standard in French matrimonial property regimes may not meet German requirements or may be interpreted differently.

German law recognizes various matrimonial property regimes, with community of accrued gains as default. French couples establishing German residence should evaluate whether existing French marriage contracts adequately address German law implications or whether supplementary German agreements would provide greater certainty.

We draft and review prenuptial agreements for Franco-German couples ensuring enforceability in both jurisdictions. Our services include reviewing existing French contracts for German compliance, drafting supplementary German agreements when needed, and creating comprehensive agreements addressing choice of law, property division frameworks, and pension rights coordination. Cross-border agreements should address treatment of assets acquired before and during marriage, inheritance rights, business interests, and dispute resolution mechanisms.

German family law distinguishes between custody (Sorgerecht), residence determination rights (Aufenthaltsbestimmungsrecht), and access rights (Umgangsrecht), with child welfare (Kindeswohl) paramount. Joint custody remains preferred after separation, with both parents retaining decision-making authority unless courts specify otherwise.

Cross-border custody arrangements require coordination of school attendance, travel logistics, and holiday schedules. Brussels IIa Regulation facilitates enforcement between member states, eliminating complex recognition proceedings. International child abduction cases fall under HCCH 1980 Child Abduction Convention, with German Federal Office of Justice coordinating with French authorities.

We represent parents in international custody disputes, drafting arrangements addressing cross-border logistics, coordinating enforcement between France and Germany, and handling emergency situations involving potential abduction. French parents relocating children to France without the other parent’s consent may face return proceedings—we provide immediate legal intervention and liaison with international authorities. Child maintenance follows habitual residence law, with Düsseldorf Table determining amounts. We manage maintenance claims and enforcement across both jurisdictions.

Cross-border inheritance between Germany and France benefits from EU Succession Regulation establishing habitual residence as the primary factor determining applicable law. Testators may choose their nationality’s law through explicit declaration in testaments—valuable for French nationals in Germany or Germans in France preferring home country succession rules. The European Certificate of Succession offers recognition throughout EU member states, eliminating separate probate proceedings in each country.

Both German and French law provide forced heirship protection, though systems differ in structure and application. German forced heirship (Pflichtteil) guarantees spouses, children, and sometimes parents a compulsory portion equaling half their statutory inheritance share, payable as monetary claim. French forced heirship (réserve héréditaire) reserves portions directly for protected heirs, with freely disposable portion (quotité disponible) varying based on children number.

We develop inheritance planning strategies for Franco-German families addressing forced heirship requirements in both jurisdictions. Our approach includes advising on optimal choice-of-law provisions for testaments, structuring estates to accommodate both German Pflichtteil and French réserve héréditaire, and coordinating succession planning for families with substantial assets in both countries. Real property typically follows the law where located, regardless of chosen succession law – we ensure estate plans address these complexities while respecting succession wishes.

German law recognizes holographic testaments (handwritten, signed, dated) and notarial testaments executed before German notaries. French wills executed before French notaries (testament authentique) are generally recognized in Germany under EU frameworks, provided they meet formal validity requirements. French testaments often involve detailed inventory procedures and multiple witnesses, creating different formalities compared to German practices.

We draft international wills and estate documentation ensuring validity under both French and German requirements. Franco-German families should consider whether separate testaments for assets in each country or a single comprehensive testament with clear choice-of-law provisions better serve their circumstances, particularly involving business interests, real estate holdings, or complex family structures. We advise on optimal documentation strategies and coordinate with French notaries when matters require French succession law input, ensuring testamentary wishes are enforceable in both jurisdictions while addressing tax implications.

German probate requires obtaining Certificate of Inheritance (Erbschein) to access bank accounts and transfer real estate ownership. French heirs must provide death certificates, family documentation, and testament copies with official translations. French succession procedures typically involve notarial oversight (notaire) throughout estate settlement, creating different administrative requirements compared to German probate.

We manage estate administration across both jurisdictions, handling German Erbschein applications, coordinating with French notaires for French succession procedures, and managing communities of heirs (Erbengemeinschaft) under German law. Communities of heirs create joint ownership requiring unanimous consent for major decisions until formal distribution occurs, often creating difficulties when heirs reside in different countries with varying interests regarding property retention versus sale. We facilitate estate settlements addressing cross-border complexities while ensuring efficient administration.

German inheritance tax allowances range from €500,000 for spouses to €20,000 for distant relatives, with rates increasing based on estate value and relationship distance. Real estate may qualify for exemptions when serving as heir’s primary residence for at least ten years. French inheritance tax (droits de succession) follows different rate structures and allowances, with significant variations based on kinship degree and deceased’s domicile.

We coordinate tax-efficient estate planning for Franco-German families, developing strategies minimizing overall tax burden across both countries. Strategic planning through lifetime gifts enables families to utilize German gift tax allowances, which reset every ten years, allowing tax-efficient transfers over time. France offers similar gift tax planning opportunities, though with different allowance amounts and reset periods. Our approach ensures succession wishes are respected under both legal systems while optimizing tax positions in both Germany and France.