Irish Law for German Speakers

German speaking companies, insurances, banks, debt collection agencies and private individuals frequently seek our advice in all general practice areas of Irish law. Much of our German work is referred to us because of our reputation for competence. Duncan Grehan and four of his staff members have fluent German, some being native speakers, and correspond in the German language on a daily basis. In October 2010 a fully qualified and practicing lawyer from Germany (“Rechtsanwältin”) joined our team.

Mr. Grehan is the officially appointed Special Advisor (“Vertrauensanwalt”) to the German Embassy, the Embassy of Austria and to the Embassy of Switzerland. He is also a director of the Swiss Irish Business Association. From 1990 to 2002 Duncan was a Councillor of the German-Irish Chamber of Industry and Commerce in which he also acted as executive secretary. In the past 20 years he has been in continuous contact with the Austrian Trade Commission.

We are a general practice firm and work in all common Irish law areas. Particularly in the following areas we frequently work for our German speaking clients:

1. Agency and Distribution:
We act for manufacturers and suppliers and assist in the preparing of agreements with their local representatives for the placing of business and the distribution of goods. We are frequently asked to assist in problems with those relationships and their termination and dissolution. We advise on the terms and conditions of business and their application.

2. Breach of Contract:
We frequently assist manufacturers and suppliers on any deterioration of their local relationships including the appointment and termination of agents, distributors, retention of title claims and recovery of payment for goods supplied and delivered.

3. Product Liability:
We regularly represent manufacturers of defective products. Manufacturers are often joined in Irish court proceedings arising from simple personal injury claims through the Third Party procedure.

4. Investment and Establishment of Branch Operations:
We advise German companies and investors contemplating the setting up of branch manufacturing operations in Ireland. The 12.5% Corporation Tax regime has encouraged much of this work. The Industrial Development Authority (IDA) give generous State grant aid to fund set up costs such as the purchase of buildings and equipment and the training of employees.

5. Residential Property:
Many of our German clients approach us to help them buy or sell their homes in Ireland, whether they are holiday cottages or castles. The legal documentation and procedure to transfer ownership is complex and both sides to the transaction, seller and buyer, must each have separate legal representation.

6. Company Formation:
We provide a steady volume of companies to our German clients whether they are off-shore or resident here. New companies are available within ten days of instructions and “shelf” companies can be arranged on demand.

7. Employment Law:
Many of our company clients are owned ultimately by mother companies in Germany and elsewhere and turn to us from time to time in relation to both the hiring and firing issues of employment law.

8. Commercial Law:
We have assisted our German clients in their acquisition plans and funding requirements. Share purchase agreements, loan documentation and security work are all parts of the services which we provide in the German language or in English, as necessary. We regularly assist in sales and purchases of assets and shares and can draft and advise on the regular Merger and Acquisitions (M & A) documents and Share Purchase Agreements (SPA).

9. Insolvency:
As a matter of course we are also in contact with liquidators and administrators of German and Irish companies. We represent the creditor interests of German suppliers and we are familiar with all issues arising.

10. Debt Collection:
We receive instructions on a daily basis from suppliers who have not been paid by their customers in Ireland. We also assist in the Recognition and Enforcement of Foreign Judgements pursuant to the old Brussels Convention, now EU Regulation 805/2004, Regulation 44/2001 and Regulation 1896/2006 and Lugano Conventions.

We have been active in these areas for our German clients for many years due to our close connections with many law firms throughout Germany and the German institutions in Ireland such as the German Embassy and the German-Irish Chamber of Industry and Commerce of which Mr Grehan has been a Board member for many years.