Firm Profile > MTR Rechtsanwälte > Cologne, Germany

MTR Rechtsanwälte
AUGUSTINERSTRAßE 10
50667 COLOGNE
Germany

The firm: MTR Rechtsanwälte https://www.mtrlegal.com/en is an international law firm with lawyers specialising in business law, commercial law and company law. The attorneys counsel commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses and private individuals worldwide from offices in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Germany. Knowledgeable and experienced.

Responding to clients‘ needs with personalised service is the priority at MTR Rechtsanwaltsgesellschaft mbH. The clients can rely on MTR’s guarantee of complete integrity and commitment to their interests at all times.

MTR Rechtsanwälte is dedicated to working towards clients‘ success. Reliable and determined.

MTR Rechtsanwälte provides the comprehensive knowledge necessary to compete in today’s ever-changing and expanding global markets – legal advice and tax advice.

In order to gain a key competitive advantage, it is imperative to receive outstanding, well-rounded interdisciplinary advice based on analysing and optimising available legal, fiscal and economic opportunities. Proactive and multi-faceted.

The firm takes pride in being a client-oriented service provider. Its clients‘ best interests determine every move. With their dedication to reliable, individualised advice they develop customised interdisciplinary and comprehensive solutions.

MTR Rechtsanwälte has access to a complete range of integrated and comprehensive consulting expertise at its fingertips, from legal advice to management consultancy. MTR Rechtsanwälte is therefore able to offer rock-solid and well-balanced success-oriented solutions to national and international companies regardless of their size, legal form, industry sector or complexity of issues. The firm carefully considers all business aspects on the basis of its outstanding specialised knowledge and extensive experience.

MTR has steadily and consistently continued to develop its expertise since the establishment. Today, the team of specialists made up of industry professionals and all of its staff members are working for the client from offices in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich and Stuttgart.

Department Name Email Telephone
Structured finance and securitisation
Banking and finance
Capital markets
Corporate and M&A
Dispute resolution
Employment
Insolvency and restructuring
IP: trade marks
Investment funds
Media
Private equity
Real estate and construction
Tax
Business
Commercial
Company
Information technology and outsourcing
Photo Name Position Profile
Mr Michael Below  photo Mr Michael Below
Mr Alexander Gottstein  photo Mr Alexander Gottstein
Mr Marc Klaas photo Mr Marc Klaas
Mr Marius Lieven  photo Mr Marius Lieven
Dr Hilmar Müller  photo Dr Hilmar Müller
 Michael Rainer photo Michael Rainer
Mrs Susan Währisch  photo Mrs Susan Währisch
Mrs Charlotte Wendel  photo Mrs Charlotte Wendel
Mr Michael Wiechmann  photo Mr Michael Wiechmann
English
French
German
Russian
Spanish
American Bar Association
Arbeitsgemeinschaft Bank -und Kapitalmarktrecht im Deutschen Anwaltverein
Arbeitsgemeinschaft Handels- und Gesellschaftsrecht im Deutschen Anwaltverein
Cologne Association of Lawyers
German-American Lawyer's Association (DAJV)
German Chinese Lawyers Association
International Bar Association
Union Internationale des Avocats
Arbeitsgemeinschaft für Internationalen Rechtsverkehr im Deutschen Anwaltverein
Other offices : Berlin
Other offices : Bonn
Other offices : Düsseldorf
Other offices : Frankfurt
Other offices : Hamburg
Other offices : Munich
Other offices : Stuttgart

ECJ: Stringent requirements for registering a color mark as an EU trademark

A beverage manufacturer had a combination of colors registered as an EU trademark. In a ruling from July 29, 2019, the ECJ confirmed that the mark is null and void (Az.: C-124/18 P).

Failed capital investment – Compensation for flawed investment advice

A lot of investors have experienced a crash landing when it comes to their financial investments. If the bank gave flawed investment advice, it is possible to assert claims for damages.

Revision clauses in joint wills

A joint will in which both parties mutually appoint each other as sole heir is popular among spouses. However, they need to be mindful of its strong binding effect.

BGH on contesting repayment of a shareholder loan in insolvency proceedings

Repayment of a shareholder loan can potentially be contested by the insolvency administrator even if the amount circuitously ends up in the company’s account again.

Sale of real estate – No exclusion of liability if defects fraudulently concealed

A seller of real estate who fraudulently conceals defects cannot invoke a contractually agreed disclaimer of warranties. That was the verdict of the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt (Az. 29 U 183/17).

OLG Düsseldorf – Commercial agent must be main occupation to be entitled to an indemnity

Commercial agents are entitled to an indemnity following termination of the contractual relationship. As a prerequisite, however, their work for the company as a commercial agent must have been their main occupation.

International law – From drafting contracts to conducting litigation

International law is no longer confined to regulating relations between states. Today, it also plays an increasingly important role in business and private law.

OLG Stuttgart: Damages due to truck cartel

The OLG Stuttgart, Stuttgart’s Higher Regional Court, has ruled in connection with what has become known as the “truck cartel” that an aggrieved buyer is in principle entitled to claim damages from Daimler AG (Az.: 2 U 101/18).

ECJ: Copyright protection for designs only possible to a limited extent

Although a pair of jeans may fit perfectly and look good to boot, this does not in and of itself confer copyright protection. That was the verdict of the ECJ in a ruling from September 12, 2019 (Az.: C-683/17).

KG Berlin: Misleading advertising featuring “best price” claims

Caution is advised in relation to “best price” advertising claims. These may give a misleading impression of occupying a leading position in the market and violate competition law.

European Commission compliance guidelines for trade in dual-use items

The European Commission has published a recommendation for an internal compliance programme (ICP) for trade in dual-use items. The guidelines are not binding on businesses.

BFH on exemption of family home from estate tax

An heir inheriting property from his or her parents has a period of six months in which to personally occupy it for residential purposes in order to avoid it being subject to estate tax. That was the verdict of the Bundesfinanzhof (BFH), Germany’s Federal Fiscal Court.

Costs incurred obtaining tax advice reduce estate tax burden

The costs incurred by an heir in correcting the testator’s tax return reduce the estate tax burden. That was the verdict of the Finanzgericht (FG) Baden-Württemberg, the Fiscal Court of Baden-Württemberg (Az. 7 K 2712/18).

Automatic exchange of (financial) information (AEOI) – Timely voluntary disclosure for tax evasion

Financial information was automatically exchanged once again on September 30, 2019. Those with unreported income in foreign accounts can still submit a voluntary declaration leading to immunity from tax evasion charges.

Detailed project contracts for software development and computer programming

Ready-made software solutions no longer cut it in many businesses whose needs require dedicated software. In this context, attention needs to be paid to how the project contract is drafted.

Conducting litigation in national and cross-border legal disputes

Strategic litigation is essential to enforcing one’s rights in national and cross-border legal disputes.

CJEU: Sampling permissible within narrow parameters

The courts have been grappling for years with the extent to which sampling pieces of music breaches copyright. The Court of Justice of the European Union (CJEU) has now ruled that sampling is permissible within narrow parameters.

ECJ: User consent to social plugins on websites

If websites make use of social plugins, the ECJ has ruled that the provider and the operator of the site are jointly responsible for the collection and transfer of personal user information.

Steinhoff International Holding – OLG Frankfurt opens model case proceedings

The Steinhoff accounting scandal has shaken investors. Those who have incurred losses can join the ongoing model case proceedings pursuant to the German Capital Markets Model Case Act, the Kapitalanleger-Musterverfahrensgesetz (KapMuG).

Tougher sanctions – Draft legislation to combat corporate criminality

The Bundesjustizministerium, Germany’s Federal Ministry of Justice, has submitted draft legislation designed to combat corporate criminality. The bill provides for, among other things, significantly harsher penalties.

ECJ on country of origin: the decisive factor is the location of the harvest

Germany is the county of origin for fruits and vegetables harvested in Germany, even if prior to this the fruits or vegetables were grown in another country. That was the verdict of the ECJ.

OLG Hamm: Advertising must include all information that is material to consumers

Consumers must not be deprived of information material to their decision whether or not to make a purchase. This constitutes a breach of competition law, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamm, the Higher Regional Court of Hamm.

OLG Celle: Plant-based product can be designated as alternative to cheese

A purely plant-based product can be promoted as an alternative to cheese. The Oberlandesgericht (OLG) Celle, the Higher Regional Court of Celle, ruled that this kind of advertising is neither unfair nor misleading to consumers.

FG Münster: Managing director’s salary plus pension payments does not necessarily equal hidden pr

Pension payments to a shareholder with a controlling stake who also draws a managing director’s salary do not necessarily constitute hidden profit distributions according to the Finanzgericht (FG) Münster, the Fiscal Court of Münster.

LG Essen: Unlawful advertising statements promoting e-cigarettes

Liquids for e-cigarettes must not be promoted using the slogan “Genuss ohne Reue” (enjoyment without regrets). That was the verdict of the Landgericht (LG) Essen, the Regional Court of Essen, in a ruling from October 25, 2019 (Az.: 41 O 13/19).

OLG Stuttgart affirms protection of collective trademarks featuring designations of origin

While it is not possible to completely shut out other market participants from indications of origin, a trademark’s reputation must not be unduly exploited according to the Oberlandesgericht (OLG) Stuttgart, the Higher Regional Court of Stuttgart.

BFH reinforces tax relief when selling owner-occupied accommodation

The BFH delivered a ruling on Sept. 3, 2019 facilitating the sale of owner-occupied accommodation that has been rented out for a short time (Az.: IX R 10/19).

OLG Naumburg deems GDPR violation an antitrust infringement

The OLG Naumburg ruled in judgments from November 7, 2019 that a violation of the General Data Protection Regulation may also constitute an antitrust infringement (Az.: 9 U 6/19 and 9 U 39/18).

OLG Rostock: Unlawful advertising of fruit nectar as fruit juice

Fruit nectar is not the same as fruit juice and therefore must not be promoted as such. The OLG Rostock has ruled that this kind of advertising is misleading and in breach of competition law.

NRW buys tax CD – Voluntary disclosure of tax evasion possible

The German state of North Rhine-Westphalia (NRW) once again purchased a tax CD at the end of November. The storage medium in question is supposed to contain information on tax evasion. It is still possible to submit a voluntary declaration for tax evasion.

ECJ – Balsamico not a protected designation

Balsamic vinegar can also come from Germany. According to a judgment of the ECJ from December 4, 2019, “balsamico” is not a protected term (Az. C-432/18).

ECJ – Balsamico not a protected designation

Balsamic vinegar can also come from Germany. According to a judgment of the ECJ from December 4, 2019, “balsamico” is not a protected term (Az. C-432/18).

GDPR violation – Telecom provider facing severe penalty

Inadequate data protection measures can prove costly. Following a recent case involving a real estate business, a telecom provider is the latest business facing a heavy fine.

Antitrust violation – Fines for steel producers

Germany’s Bundeskartellamt has fined three steel producers and three people in positions of responsibility to the tune of some 646 million euros for illegal price rigging.

Carmakers given antitrust fine – Anticompetitive arrangements relating to steel procurement

Germany’s Federal Cartel Office, the Bundeskartellamt, has imposed fines totaling approx. 100 million euros on three car manufacturers for anticompetitive practices in relation to the procurement of long steel.

Profits from trading cryptocurrency subject to tax

Profits from the sale of Bitcoin and other cryptocurrencies are subject to tax. That was the verdict of the Finanzgericht Berlin-Brandenburg in a ruling from June 20, 2019 (Az.: 13 V 13100/19).

BGH – Use of protected seal of approval only allowed in connection with licensing agreement

The use of seals of approval that are protected trademarks is not permitted without corresponding licensing agreements. That was the verdict of Germany’s Federal Supreme Court, the Bundesgerichtshof (BGH), on December 12, 2019 (Az.: I ZR 173/16, I ZR 174/16, and I ZR 117/17).

Antitrust & Competition Law: Medical practice that does not admit inpatients is not a Klinik

A medical practice that does not provide overnight accommodation for patients is not a Klinik and is not allowed to style itself as such. That was the verdict of the Landgericht (LG) Hamburg in a ruling from November 15, 2019 (Az. 315 O 472/18).

Illegal price rigging – Bundeskartellamt imposes fines totaling 154.6 million euros

Germany’s Federal Cartel Office, the Bundeskartellamt, has imposed fines totaling around 154.6 million euros on seven pesticide wholesalers for entering into illegal, anticompetitive price-fixing arrangements.

LG Berlin: Reference must be made to GmbH’s legal form

A company’s legal form as a GmbH is a key piece of information for consumers. Withholding information from advertisements about its legal form constitutes an antitrust violation according to a ruling of the LG Berlin.

The coronavirus pandemic and employment law

The coronavirus pandemic is turning employment law on its head. The protective measures – some of which are recommendations and others mandatory in nature – designed to contain and curtail the strain of coronavirus and respiratory disease known as COVID-19, have far-reaching consequences for all aspects of life. Schools and kindergartens have been and remain closed, as are pubs, and sports and fitness facilities. Production chains are being disrupted because parts cannot be delivered. All of this has significant implications for employment law. Working parents have to look after their children, the conditions for a functional home-office environment need to be created, and employers are already struggling to cope with the existential threat posed by losses in revenue.

MTR Rechtsanwälte – Experience in the fields of antitrust and competition law

Violations of antitrust law are subject to rigorous sanctions. In 2019, Germany’s Federal Cartel Office, the Bundeskartellamt, imposed fines totaling around 848 million euros in response to illegal agreements.

Coronavirus – What it means for businesses

Businesses across the world are feeling the strain of these difficult times brought about by the coronavirus pandemic. Yet business goes on and businesses must come to terms with the situation. We at the commercial law firm MTR Rechtsanwälte offer legal advice on a wide range of issues currently affected by the coronavirus.

Tax relief in response to the coronavirus crisis

Germany’s federal government has drawn up various measures in an attempt to mitigate the economic impact of the coronavirus pandemic, including tax relief measures.
The crisis surrounding the coronavirus is hitting businesses, freelancers, and the self-employed hard and – aggravated by tax liabilities – undermining their economic viability. We at the commercial law firm MTR Rechtsanwälte can report than the federal government’s plans include tax relief measures to ensure that businesses, freelancers, and the self-employed are able to maintain liquidity and that they do not come under additional strain from tax liabilities. Among the main features is the option to apply for an interest-free deferral of tax payments.

Deferral of social security contribution due to the coronavirus crisis

Employers are obligated to pay social security contributions for their employees. With the outbreak of the coronavirus, they now have the option to defer these contributions.
Many businesses are seeing orders dry up as a result of the crisis surrounding the coronavirus, yet nothing has changed on the cost front. Wages, salaries, and social security contributions for employees need to be paid. This is particularly challenging when experiencing liquidity shortages. We at the commercial law firm MTR Rechtsanwälte can report that employers therefore have the option to defer social security contributions.

COVID-19 – Restrictions on landlords’ right of termination

The spread of the coronavirus has now also led to restrictions on the right to terminate rental agreements. These apply to both private and commercial rental agreements.
If, on two consecutive occasions, a tenant falls behind on rent payments or defaults on a substantial portion of the rent, the landlord is entitled to issue extraordinary notice terminating the rental agreement. We at the commercial law firm MTR Rechtsanwälte can report that significant restrictions have since been applied to this right of termination in response to the coronavirus pandemic. These are aimed at protecting businessmen and traders, among others, in this time of crisis.

COVID-19 – Employers can apply for permission to reduce working hours to get through the crisis

Businesses can introduce short-time work as a means of weathering economic hardship caused by the coronavirus crisis. Germany’s federal government has therefore moved to relax the conditions for applying for short-time allowance.
With supply shortages and empty order books among its consequences, the crisis surrounding the coronavirus is placing a massive burden on businesses and threatening jobs. Short-time work and short-time allowance can help firms to maintain liquidity and secure jobs. We at the commercial law firm MTR Rechtsanwälte can report that in view of the rapid spread of the coronavirus, the federal government has decided to significantly relax the conditions for applying for short-time allowance and for permission to introduce reduced working hours.

COVID-19 – Obligation to file for insolvency to be suspended

Germany’s Federal Ministry of Justice has made plans to suspend the obligation to file for insolvency due to the coronavirus. The measure is designed to protect businesses that have gotten into difficulties as a result of the pandemic.

Avoiding insolvency during the coronavirus crisis

Businesses whose existence is threatened by the crisis surrounding the coronavirus are to be lent a helping hand. Germany’s lower house of parliament, the Bundestag, has legislated for the suspension of the obligation to file for insolvency.

Avoiding insolvency during the coronavirus crisis

Businesses whose existence is threatened by the crisis surrounding the coronavirus are to be lent a helping hand. Germany’s lower house of parliament, the Bundestag, has legislated for the suspension of the obligation to file for insolvency.
Businesses on the brink of insolvency, i.e. unable to pay or overindebted, must file for insolvency as soon as possible, but at the latest within three weeks. This obligation is now being relaxed in order to avoid a deluge of insolvencies in the midst of the coronavirus crisis. We at the commercial law firm MTR Rechtsanwälte can report that the Bundestag has approved a temporary suspension of the obligation to file for insolvency until September 30, 2020 with retroactive effect from March 1, 2020.

The coronavirus pandemic is putting a strain on economic relations throughout the world. In many cases, it is either no longer possible to perform contracts as agreed or performance is completely impossible.

The coronavirus pandemic is having a significant impact on national and international business relations, it no longer being possible in many cases to perform contracts as agreed due to the coronavirus crisis. This has led to the increased prominence of the term “force majeure”. However, it cannot be invoked in every instance of defective contractual performance. The coronavirus has not generally rendered contracts obsolete. We at the commercial law firm MTR Rechtsanwälte note that the parties often have a right to insist on contractual performance.

Coronavirus – Loans and government assistance at a time of crisis

Germany’s federal government has unveiled a vast package of measures that provide financial support to businesses and the self-employed to ensure they are able to weather the crisis.

Short-time work during the coronavirus crisis – Applicants obliged to provide accurate information

Germany’s federal government has put together a comprehensive aid package to compensate for the economic impact of the coronavirus crisis. This includes making it easier to apply for short-time allowance – referred to as “Kurzarbeitergeld” (or “KUG” for short).Germany’s federal government has put together a comprehensive aid package to compensate for the economic impact of the coronavirus crisis. This includes making it easier to apply for short-time allowance – referred to as “Kurzarbeitergeld” (or “KUG” for short).

LG Freiburg: Food products’ county of origin must be correctly specified

Apples that were merely packaged in Germany must not carry the designation of origin “aus Deutschland” / “from Germany”.  That was the verdict of the Landgericht (LG) Freiburg – the Regional Court of Freiburg – in a ruling from January 14, 2020 (Az.: 12 O 88/19 KfH).
The origin of food products is a key factor influencing consumers’ purchase decisions. Accordingly, the courts are increasingly having to deal with legal disputes concerning designations of origin. We at the commercial law firm MTR Rechtsanwälte note that in order for Germany to be designated as the country of origin of a food product, for example, it is not necessary for the entire production process to take place in Germany.

OLG Köln: Protection of competitive distinctiveness

A product that is not protected by a trademark may nevertheless benefit from protection against imitations under competition law. That was the verdict (Az. 6 U 82/19) of the Oberlandesgericht (OLG) Köln – the Higher Regional Court of Cologne.