MERCATORIUS EEIG is an association of law firms from Germany, Belgium and the Netherlands. Partners of the EEIG are the law firm DHK Rechtsanwälte & Steuerberater with offices in Aachen (DE), Liège (BE) and Sittard (NL), the Belgian law firm FLHM with offices in Liège, Verviers and Welkenraedt (BE) and the law firm Dr. Johannes Dilling in Cologne (DE).
Our partners have more than 25 years of experience in the practice of international business and commercial law.
MERCATORIUS was created from the German-Belgian Desk, which our partner Guido Imfeld and his team have been responsible for since 1999 at the Aachen and Liège offices. One specific focus is on German-Belgian cross border legal cases.
International legal relations are complex. It needs specialists. No lawyer can cover every legal field. MERCATORIUS is a network of specialists in the field of international law, but also downstream of the respective applicable national law. We know and trust each other.
That is why we took the step to establish MERCATORIUS in the form of a European Economic Interest Grouping.
Your contact person is Mr. attorney Guido Imfeld at the locations Aachen and Liège.
MERCATORIUS EEIG has its registered office at Nereth 8, 4837 Baelen, Belgium and a branch office at Jülicher Straße 52,5 2070 Aachen, Germany. It is registered in the Belgian Central Database of Enterprises (ZDU) under the tax identification and company number 0737.818.226.
The European Economic Interest Grouping is a company based on European Union law. Its purpose is to facilitate and promote cross-border cooperation between its members. The mandate relationships with the client are established in detail with the respective partner law firms.
Managing director of the MERCATORIUS EEIG is Mr. Guido Imfeld, attorney at law.
Data security representative: Guido Imfeld
The professionals of the partner law firms of MERCATORIUS EEIG, in so far as they hold the professional title of lawyer, are members of the following Bar Associations, which are also the competent supervisory authority:
Bar Association for the Higher Regional Court District of Cologne (Rechtsanwaltskammer Köln)
Riehler Str. 30
50668 Cologne
Germany
Phone: + 49 (0) 221 / 97 30 10-0
Fax: + 49 (0) 221 / 97 30 10-50
e-mail: kontakt@rak-koeln.de
Web: www.rak-koeln.de
The professional title of attorney and specialist attorney are awarded in Germany.
The relevant professional regulations of the Federal Lawyers’ Act of 01.08.1959, BRAO (BGBl I. 565), the Lawyers’ Fees Act of 05.05.2004 (BGBl I. 718) – RVG – as well as the Professional and Specialist Lawyers’ Regulations of the Federal Chamber of Lawyers of 01.03.2010 – BORA and FAO – in their respective valid versions are accessible on the homepage of the Federal Chamber of Lawyers (www.brak.de).
The professionals, insofar as they bear the professional title Avocat, are members of the following Bar Association, which is also the competent supervisory authority:
Ordre des Avocats du Barreau de Liège (Liège Bar Association, Belgium). Professional regulations can be obtained from the Liège Bar Association (Barreau de Liège, Place Saint Lambert 16, 4000 Liège, www.barreaudeliege.be) and Avocats.be, L’Ordre des Barreaux Francophones et Germanophone de Belgique, B-1060 Brussels, Avenue de la Toison d’Or, 65, Tel.: 0032 2 648 2098, www.avocats.be).
Professional liability insurance Germany:
ERGO Insurance AG
ERGO-Platz 1, 40477 Düsseldorf, Germany
The territorial scope of the insurance cover includes activities in the Member States of the European Union.
Professional liability insurance Belgium:
Lawyers registered in Liège, Belgium are insured through the Liège Bar Association and there through Marsh SA, Rue Forgeur 17, 4000 Liège, Belgium.
Responsible according to § 55 para. 2 RStV (V.i.S.d.P.):
Guido Imfeld
Jülicher Str. 215
52070 Aachen
Germany
Platform of the EU Commission for online dispute resolution: http://ec.europa.eu/consumers/odr.
MERCATORIUS EEIG is willing to participate in dispute resolution procedures before a consumer arbitration board. Competent consumer conciliation board for pecuniary disputes from the mandate relationship up to a value of 50.000 euro is the conciliation board of the attorney shank, new Grünstr. 17, 10179 Berlin, www.schlichtungsstelle-der-rechtsanwaltschaft.de. We will participate in arbitration proceedings before this office.
Disclaimer
Despite careful control of the contents, we do not assume any liability for the contents of external links. The operators of the linked pages are solely responsible for the content of their pages.
Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purpose described above.
The German-Belgian Desk of our law firm advises companies on the legal aspects of foreign business in Belgium and Germany. In Germany, our offices are located in Aachen and Cologne, in Belgium in Liège, Verviers and Welkenraedt.
The lawyers of the German-Belgian Desk are authorized to provide legal advice and representation in court in both Germany and Belgium.
With its approximately 11 million inhabitants, Belgium is the ninth-largest trading partner of Germany. Both countries are important sales markets for each other. Companies from both countries have a strong presence in the German and Belgian markets.
Our services include advice on how to establish a market presence abroad, whether through international trade and service agreements or, for example, through authorized dealers or commercial agents. In doing so, it is not only necessary to draft the contracts in accordance with the customs of international trade law, but also to secure the market position via industrial property rights, in particular trademarks and licenses on the respective foreign market. This is particularly important in the case of franchising and direct marketing.
A sustainable presence in the respective foreign market can also be established by a dependent branch in the form of a permanent establishment of the company or by an independent branch by founding or acquiring a company in the respective target market, usually in the legal form of a GmbH or stock corporation. We support you here as a project service provider, not only by taking over the drafting of contracts, but also by assisting companies in the selection of a suitable location, the acquisition or leasing of real estate and the hiring of employees, etc.
We also have extensive experience in the field of internet-based distance selling and international mail order.
We have a network of excellent service providers in Belgium (notaries, tax consultants, auditors, social secretariats, real estate agents) with whom we have been working successfully for more than twenty years. This also applies to our cooperation with a selected network of Belgian lawyers through our EEIG MERCATORIUS, because specialization in German-Belgian commercial law does not mean that we want to be active in every field of law ourselves. In the field of labor and social law, tax law, tenancy law or administrative and commercial criminal law, we call in Belgian specialists as required and in consultation with the client, but we also act as coordinators and contacts for the interests of our clients in the sense of competent project management.
Due to our admission as lawyers in Germany and Belgium, we can guarantee the representation of our clients in legal disputes in both countries, nationwide before all courts of first and second instance. Our clients have the advantage of commissioning a law firm that not only has a command of German and Belgian civil procedural law, but also has first-hand knowledge and experience of the local conditions. In addition, we are familiar with international private and civil procedure law, which, in accordance with European law, is the essential interface for legal questions with foreign implications.
The examination of the places of jurisdiction that come into question in the event of a legal dispute and of the law applicable in the specific case is carried out without prejudice to the outcome, because those who are able to conduct proceedings in both countries can draft a procedural tactic in accordance with the interests of the client. To conduct a lawsuit abroad can be advantageous with regard to different jurisdiction, rules of evidence, costs or duration of proceedings.
The German-Belgian Desk is headed by lawyer Guido Imfeld.
As contact person for the services of our network and responsible for the German-Belgian Desk, Mr. Guido Imfeld (Aachen/Liège) and his team are at your disposal.
Mr. Imfeld is a specialist lawyer for international business law, commercial and corporate law, spécialiste en droit international privé and business mediator. His focus is on international business law, especially German-Belgian business and commercial law. He is admitted to the bar in Aachen, Germany and to the Ordre des Avocats du Barreau de Liège, Belgium. He is therefore entitled to advise and represent clients before all first and second instance jurisdictions in both countries.
Mr. Imfeld, who has been living privately in Belgium since 1998, knows the Belgian market, the peculiarities of Belgian law with regard to international distribution and – last but not least – the Belgian mentalities, in the plural, because Flanders is not the same as Wallonia and the German-speaking community has its own peculiarities. It is essential that the lawyers of the German-Belgian Desk have a good command of the three national languages of Belgium: French, Dutch and German, in addition to English as the frequently chosen language of negotiation between German and Belgian contracting parties.
Mr. Imfeld has been a member of the Board of the Cologne Bar Association since 2008 and was its vice president from 2012 to 2023. He is one of the two delegates of the German Federal Bar Association (BRAK) to the Council of Bars and Law Societies of Europe (CCBE) and, among other things, a member of the European Law Committee of BRAK.
The focus of MERCATORIUS is on national and, above all, international commercial and business law, both in terms of advice and litigation. MERCATORIUS works as a practice group, which merges and ensures knowledge. Our business experience and our entrepreneurial thinking ensure that clients can perceive opportunities and manage risks. Our litigation experience guarantees that your legal position is enforced and defended in the best possible way, even in conflict situations.
Private International Law - Rome I Regulation, Rome II Regulation
The first question in international cases involving two or more legal systems is that of the applicable law. Within the EU this is regulated for contractual claims in the Rome I Regulation, for non-contractual claims in the Rome II Regulation. Outside the scope of application of the above-mentioned regulations, private international law in German law is found in the Introductory Act to the German Civil Code (EGBGB), in Belgian law, for example, in the Code de droit international privé.
International Civil Procedure Law
The subject of international civil procedure law is the question of the international jurisdiction of state courts in cross-border disputes. Within the EU, this is regulated in the Brussels Ia Regulation, in cases involving member states of the EEA in the Lugano II Agreement. These regulations allow for the determination of the courts having jurisdiction for a legal dispute and provide for conflict resolution in the event that several courts are seized of the same matter in dispute. They regulate the scope and admissibility of jurisdiction agreements. Finally, they contain the rules for cross-border enforcement.
International Sales Law
The United Nations Convention on Contracts for the International Sale of Goods (CISG/Convention des Nations Unies sur les contrats de vente internationale de marchandises, CVIM), also known as the Vienna Convention of 11 April 1980, has been ratified by 93 countries around the world as of 16 January 2020, including all EU member states with the exception of Portugal and Malta (as well as Great Britain). China, Russia and the United States, to name but a few, have also ratified the UN Sales Convention. The UN Sales Convention applies to cross-border contracts for the sale of movable goods for commercial purposes. It is one of the most important, if not the most important set of rules in the field of international law. Correctly applied, the UN Sales Convention is a very effective instrument in international trade. Based on our experience in the enforcement of commercial claims abroad, we recommend that sales contracts be concluded in accordance with this law. Disadvantages in comparison to the German law of the BGB and HGB can be compensated by intelligent contract design, especially general terms and conditions for cross-border trade.
General Terms and Conditions of Business
One focus of our activities is the drafting of general terms and conditions of purchase and sale. In the area of international trade, we give preference to the UN Convention on Contracts for the International Sale of Goods, adapted to the specific needs of our clients, over the reflexive retreat to the non-uniform law of the home country. This approach is due to the fact that effective limitations of liability through general terms and conditions are virtually impossible in German law. Furthermore, we know from our daily experience in the enforcement or defense of claims in cross-border disputes that it is incomparably easier to enforce a claim on the basis of UN sales law before a foreign court than under German law. Effective protection of your legal position and enforcement of your legitimate claims are our focus.
Contract Reviews
Many of our long-standing clients have their contracts systematically reviewed in advance. The main issue here is the effective limitation of liability. In some legal systems, for example in French law, there is an irrefutable presumption of knowledge of a defect, in Belgian law a rebuttable presumption. Many limitations of liability that were negotiated in good faith thus later prove to be ineffective. The effort of examining a contract before its conclusion is much less than the legal defense after the conclusion of a suboptimal contract.
Commercial Agency Law
Sales representatives are an important instrument for the market presence of a company abroad. The commercial agency law in the EU is national law, but its implementation must be legally compliant with the Commercial Agents Directive (Directive 86/653/EEC of 18 December 1986). Knowledge of the different forms of the respective national legal systems with regard to notice periods and compensation claims is therefore indispensable.
Law on Authorized Dealerships
Besides the commercial agent, the authorized dealer is one of the most frequently chosen alternatives for establishing a market presence abroad. Authorized dealer law is neither international nor European law. However, there are countries such as Belgium, for example, which, unlike Germany, have specific and mandatory rules for the authorized agent and in particular provide for a claim for compensation similar to that of the commercial agent. In certain cases, German law provides for an analogy to commercial agency law in the case of the authorized dealer. In French distribution law, there are commercial law provisions which massively restrict the freedom of contract in the event of termination. We are familiar with the international aspects of distribution law.
Franchise and Direct Sales
We have relevant experience in setting up and supporting franchise systems and direct sales. Especially here, different legal systems must be observed, especially when it comes to pre-contractual duties of disclosure. However, the protection of industrial property rights is just as much in focus as the observance of antitrust regulations in the area of non-competition clauses and selective distribution. Finally, if pursuing commercial activities in another country or directing activities to it, the consumer protection regulations that are mandatory there must be observed.
International Corporate Law
Very often companies are present abroad through production or sales companies, sometimes also through dependent branches. We support you in establishing foreign permanent establishments and in setting up partnerships or corporations. For this purpose, we have a network of tax consultants, notaries and personnel offices to accompany our clients’ activities abroad. Due to the reform of Belgian company law in May 2019 and the implementation of the so-called foundation theory, Belgium has become a very interesting location for internationally operating companies.
Cooperation and Joint Ventures
A first step into the foreign market is often made through cooperation and joint ventures, whether in sales or research. It is precisely here that the contractual determination of the applicable law, the determination of possible places of jurisdiction in the event of disputes and, in particular, the knowledge of European-influenced antitrust regulations is indispensable, especially with regard to the prerequisites for the effective protection of business and trade secrets and the safeguarding of non-competition clauses.
International Transport Law
Cross-border transport law is governed by the CMR (Convention relative au contrat de transport international de marchandises par route; Convention on the Contract for the International Carriage of Goods by Road). Compared to national law, this contains many special rules that must be observed. It is also important to observe the Incoterms of the International Chamber of Commerce (ICC), now in force as of 2020.
International Legal Representation
In Germany and Belgium, we can represent our clients before all state courts of first and second instance. In other countries, we have long-standing contacts that guarantee effective legal representation of our clients. Due to the bar admission in both countries, we can align our litigation strategy with the interests of our clients and take into account the specifics of litigation in the respective legal systems.
Arbitration
There are many legal systems in the world that either do not accept jurisdiction agreements or do not allow the enforcement of foreign judgments. In these cases, there is no alternative to agreeing on an arbitration court. We regularly appear before arbitration tribunals such as the German Institution of Arbitration (DIS), the International Chamber of Commerce (ICC), the Centre belge d’arbitrage et de médiation (Cepani), the Nederlandse Arbitrage Instituut (NAI) or the Swiss Chambers’ Arbitration Institution. We are familiar with the arbitration rules of the most important arbitration institutions and with the arbitration rules of the national codes of civil procedure as well as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958.
International Collaborative Law
Many of our lawyers are business mediators and are trained and active in the field of International Collaborative Law (Cooperative Practice). Out-of-court dispute resolution is a top priority for us. If you wish to avoid protracted and cost-intensive legal disputes, we are at your disposal. Mr. Imfeld is President of the Center for International Collaborative Law/Centre International de Droit Collaboratif, based in Liège. For international matters, the Cooperative Practice is the procedure of our choice.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2017-08-25 14:25:132020-10-05 12:50:57Areas of Practice
Thank you for your interest in our website www.mercatorius.eu and in our company, products and services. MERCATORIUS EWIV is aware that the security of your private information from the use of our website is an important concern. For this reason, compliance with the legal regulations on data protection is a matter of course for us. Furthermore, it is important to us that you as a customer know at all times when and how we collect and store which of your data and how we use it.
In the following we inform you about the collection and other processing (e.g. storage, retrieval, modification, forwarding) of personal data when using our website. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior.
If we process personal data in the course of using our website or if we want to use commissioned service providers for individual functions, offers or services of our website with reference to data processing or if we want to use your data for advertising purposes, we will inform you in detail below about the respective processes, in particular which data are processed in this case. We will also state the intended storage period or in any case the specified criteria for the storage period and the relevant legal basis for the respective processing.
I. Name and address of the person responsible
The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the Member States and other provisions of data protection law is the:
II. Contact details of the data protection officer
You can reach our data protection officer at imfeld@mercatorius.eu or at our postal address with the addition “the data protection officer”.
III. collection and storage of personal data as well as type, purpose, legal basis and duration of their use
§ 1 When visiting the website
If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal access data in so-called server log files, which your browser sends to our server. The following data is collected in the server log files:
IP address
Date and time of the request
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (concrete page)
Access status/HTTP status code
amount of data transmitted in each case
Website from which the request comes
Browser
Operating system and its interface
Language and version of the browser software.
This data is evaluated and then discarded exclusively to ensure the trouble-free operation of the site with regard to stability and security and to improve our offer. The legal basis for data processing is Art. 6 Para. 1 S.1 lit. f GDPR. Our legitimate interest follows from the aforementioned purposes for data collection.
The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility of objection on the part of the user.
The data will be deleted as soon as they are no longer required for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.
In addition, we use cookies and analysis services when you visit our website. You will find more detailed explanations in sections V and VI of this privacy policy.
§ 2 When using further services, functions and offers of our website
In addition to the purely informative use of our website, we offer various services, offers and functions which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply. The services, offers and functions are described in more detail below.
(1) Contact by e-mail or contact form
When you contact us via our contact form, as a general inquiry or by requesting an offer, the data you voluntarily provide (your company, your e-mail address, your first and last name, your address and, if applicable, your telephone number) will be stored by us in order to answer your question. The indication of company, e-mail address, first and last name as well as address data is required, all other information is voluntary. The answer is given by e-mail or, if indicated and desired, by telephone number.
The legal basis for the processing is Art. 6 para. 1 lit. f) of the GDPR; the legitimate interest lies in answering your question.
We will delete the data arising in this connection after completion of the enquiry you have made or restrict processing if there are legal storage obligations.
(2) Newsletter
With your consent you can subscribe to our newsletter, with which we inform you about our current interesting offers.
For the registration to our newsletter we use the so-called double-opt-in procedure. This means that after your registration we will send you an e-mail to the e-mail address provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store your IP address and the time of registration and confirmation. The purpose of this procedure is to provide proof of your registration and, if necessary, to be able to clarify any possible misuse of your personal data.
Your e-mail address is the only mandatory information for sending the newsletter. The provision of further data is voluntary and is used to address you personally. After your confirmation we will save your e-mail address for the purpose of sending the newsletter.
The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR on the basis of your voluntarily given consent.
You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the button “Newsletter – Unsubscribe” provided on our website, by sending an e-mail to imfeld@mercatorius.eu or by sending a message to the contact details given in the imprint.
(3) Application for a job
If you apply for a position at MERCATORIUS EWIV using the e-mail address provided on this website, the personal data you voluntarily submit will be used exclusively for the purpose of filling the advertised position and for checking and processing your application submitted in this context. Once the application procedure for the specific advertised position has been completed, this data will be blocked for further use and deleted once any statutory storage obligations have expired. The legal basis for the processing is Art. 88 GDPR in connection with § 26 para. 1 BDSG (Federal Data Protection Act).
IV. Passing on of data
Your personal data will not be transferred to third parties for purposes other than those listed below.
We only pass on your personal data to third parties if:
you have given your express consent to do so in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR
the disclosure pursuant to Art. 6 para. 1 sentence 1 letter f GDPR is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
in the event that there is a legal obligation to pass on the data pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and
this is legally permissible and required for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.
V. Use of cookies
§ 1 Scope of data processing
In order to make the visit to our website user-friendly and effective and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files which are stored on your end device and which save certain settings and data for exchange with our system via your browser. Through the cookies, certain information flows to the site that sets the cookie (here by us). Cookies cannot execute programs or transfer viruses to your computer.
Cookies do not contain any personal data and can therefore not be directly assigned to any user. Please note that certain cookies are already set when you enter our website. This website uses the following types of cookies:
– Necessary/functional cookies: These cookies are necessary to enable the operation of our website. These include cookies that enable you to log in to the customer area.
– Transient Cookies: These are automatically deleted when you close the browser. These include in particular session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This enables your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
– Persistent cookies: These are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. You can also configure your browser to notify you whenever a cookie is set. Please consult the respective provider of your browser. Please note that if you refuse cookies, you may not be able to use all the functions of this website.
The legal basis for the use of cookies is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest results from the above-mentioned purposes of making the offer of our website more user-friendly and effective.
Further information on analytical cookies can be found under VI. of this declaration.
VI. use of analytical tools
On our website, web analysis services are used for purposes of need-based design and advertising.
a. Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
IP anonymization
We have activated the IP anonymization function on this website. This means that your IP address will be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not combined with other data from Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link ( http://tools.google.com/dlpage/gaoptout?hl=de ).
As an alternative to the browser plugin, especially for browsers on mobile devices, you can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent the collection of your information on future visits to this website.
Disable Google Analytics
The opt-out cookie is valid only in this browser and only for our website and is placed on your device. If you delete the cookies in this browser, you will have to set the opt-out cookie again.
Order data processing
We have concluded a contract with Google for commissioned data processing and implement the strict requirements of the German data protection authorities when using Google Analytics.
We use Google Analytics to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest results from the above-mentioned purposes.
Third party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001, Terms of use: http://www.google.com/analytics/terms/de.html , Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html , and the privacy policy: http://www.google.de/intl/de/policies/privacy .
VII. Advertising
On this website, the SalesViewer® technology of SalesViewer® GmbH is used to collect and store company-related data for the purpose of marketing and market research as well as for optimization purposes.
Thereby, under a pseudonym, the company data of the website visitors, such as location, industry, website, contact data are collected. So-called tracking scripts are used for this purpose, which serve to collect the data. This data can be used to create user profiles under a pseudonym for the above-mentioned purposes. The data collected with this technology will not be used to personally identify the individual visitor to this website and will not be merged with personal data about the bearer of the pseudonym without the separately given consent of the person concerned.
You can object to the collection and storage of data at any time with effect for the future by visiting the following link https://www.salesviewer.com/opt-out to prevent the collection by SalesViewer® within this website in the future. An opt-out cookie for this website will be placed on your device. If you delete your cookies in this browser, you must click this link again.
The legal basis for the processing is Art. 6 para. 1 lit. f GDPR. The legitimate interest results from the aforementioned purposes.
VIII. Google Maps
On this website we use the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.
By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration is transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.
For more information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider’s privacy policy. There you will also find further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
Information about the third party provider: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
IX. Your Rights
If personal data are processed by you, you have the following rights vis-à-vis us regarding the personal data concerning you:
– Right to information, Art. 15 GDPR:
You can demand confirmation from the person responsible as to whether personal data concerning you is being processed by him or her.
If such processing has taken place, you may request information from the data controller on the following:
– the purposes for which the personal data are processed
– the categories of personal data which are processed;
– the recipients or the categories of recipients to whom the personal data concerning you have been or will be disclosed, in particular in the case of recipients in third countries or international organizations; in the latter cases, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR, in connection with the transfer;
– the planned duration of the storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the storage period;
– the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
– the existence of a right of appeal to a supervisory authority;
– any available information as to the source of the data where the personal data are not collected from the data subject;
– the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
– Right of rectification, Art. 16 GDPR:
You have a right of rectification and/or integration vis-à-vis the controller if the personal data processed concerning you is incorrect or incomplete. The data controller must make the correction without delay.
– Right of cancellation, art. 17 GDPR:
a) Duty to delete
You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
– the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
– you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a GDPR and there is no other legal basis for the processing.
– You object to the processing pursuant to Art. 21(1) GDPR (cf. point X) and there are no legitimate reasons for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
– The personal data concerning you have been processed unlawfully.
– The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
– The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the GDPR.
b) Information to third parties
If the controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 para. 1 GDPR, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
c) Exceptions
The right of cancellation does not exist insofar as the processing is necessary
– on the exercise of the right to freedom of expression and information;
– to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
– for reasons of public interest in the field of public health pursuant to Article 9 paragraph 2 letters h and i and Article 9 paragraph 3 of the GDPR;
– for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
– to assert, exercise or defend legal claims.
– Right to restrict processing, Art. 18 GDPR:
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
– if you dispute the accuracy of the personal data concerning you for a period of time which enables the person responsible to verify the accuracy of the personal data;
– if the processing is unlawful and you refuse to delete the personal data and instead demand the restriction of the use of the personal data;
– the controller no longer needs the personal data for the purposes of the processing, but you need the personal data in order to assert, exercise or defend legal claims; or
– if you have lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR (cf. point X) and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If you have obtained a restriction on processing under the above conditions, you will be informed by the controller before the restriction is lifted.
– Right to information, Art. 19 GDPR:
If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed of these recipients.
– Right to data transferability, Art. 20 GDPR:
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. Furthermore, you have the right to have this data communicated to another person in charge without hindrance by the person in charge to whom the personal data has been made available, provided that
– the processing is based on a consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and
– the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
Your right to deletion remains unaffected.
The right to data transferability shall not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
– Right to object, Art. 21 GDPR
You have the right to object to the processing of data for advertising purposes on a case-by-case basis and to object to the processing of data for advertising purposes. You will find further information on this under point X of this data protection declaration.
– Right to revoke the declaration of consent under data protection law:
You can revoke any consent you have given to the responsible party for the processing of your personal data at any time. Please note that the revocation is only effective for the future. The lawfulness of the processing carried out on the basis of the consent until revocation is not affected.
– Automated decision in individual cases including profiling, Art. 22 GDPR:
You have the right not to be subjected to a decision based exclusively on automated processing – including profiling – which has legal effect vis-à-vis you or which significantly affects you in a similar manner. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible
(2) is authorized by Union law or the law of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
In cases (1) and (3), the responsible person shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the responsible person, to present his or her point of view and to challenge the decision.
Furthermore, decisions based exclusively on automated processing may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
– Right of appeal to a supervisory authority, Art. 77 GDPR:
You also have the right to complain to a data protection supervisory authority about the processing of your personal data. You may address your complaint to the supervisory authority in the Member State in which you are resident, your place of work or the place where the alleged infringement is committed. The supervisory authority to which the complaint has been submitted will inform you as the complainant of the status and the results of the complaint, including the possibility of a legal remedy under Art. 78 GDPR.
You can exercise your aforementioned rights by sending us an informal message. This message should be addressed to:
MERCATORIUS EEIG,
Jülicher Str. 215,
52070 Aachen,
Germany
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 para. 1 letter e GDPR (data processing in the public interest) and Art. 6 para. 1 sentence 1 letter f GDPR (data processing to safeguard the legitimate interests of the controller or of a third party); this also applies to profiling based on these provisions. If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
Right to object to the processing of data for advertising purposes
In individual cases, we process your personal data in order to carry out direct advertising. You have the right to object at any time to the processing of personal data concerning you for the purpose of such direct marketing, including profiling, if it is linked to such direct marketing. If you object to processing for the purposes of direct marketing, we will no longer process your personal data for those purposes.
The objection in the above-mentioned cases can be made without any formality and should be sent by e-mail and if possible with the subject “Objection” to
MERCATORIUS EEIG,
Jülicher Str. 215,
52070 Aachen,
Germany
By taking all technical and organizational measures, we make every effort to store your personal data in such a way that they are not accessible to third parties. When communicating by e-mail, we cannot guarantee complete data security, so that we recommend that you send confidential information by post.
This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If TLS encryption is activated, the data you send to us cannot be read by third parties.
MERCATORIUS represents companies and professionals of all sizes. The emphasis of our commercial clientele lies in the range of the smaller and middle sized enterprises, thereby particularly in the field of mechanical engineering companies.
We offer our clients a high degree of specialization at reasonable costs. The choice of our locations outside the major cities allows us to pass on our cost advantages to our clients for the purpose of effective legal advice. Our lawyers are highly specialized and often come from large international law firms. The medium-sized structure of our law firm allows us a high degree of flexibility and independence combined with excellent expertise.
We see ourselves as a service provider, but not only that: we are also and above all lawyers and thus committed to our professional and ethical code. Our attorneys, many of whom are active in national and international professional organizations, take their obligation to loyalty, discretion and confidentiality very seriously.
Our lawyers are multilingual. We advise our clients and represent their interests, also in court, in business fluent German, French, English and Dutch. Many of our lawyers have an international background and are familiar not only with the language of neighboring countries but also with their mentality. This not only helps them to assist in contract negotiations, but also to find out-of-court solutions in case of legal disputes.
MERCATORIUS stands for International Commercial Law: Lex Mercatoria, the law of the merchant. We accompany our clients in international trade and advise them on how to establish their market presence abroad.
The globalized economy is characterized by worldwide division of labor and cooperation. Hardly any product or service is not the result of cross-border cooperation. International sales contracts secure the purchase and sale of products. Market presence abroad is ensured by cross-border cooperation, authorized dealerships, commercial agents, franchises or branches. You need tools to manufacture products. The same applies to cross-border trade: our clients need tailor-made legal products and competent lawyers who are proficient in these tools. So you stay on track.
International trade law can only be understood in the context and interaction of national laws, European directives and regulations, and international treaties and instruments.
MERCATORIUS offers you the necessary tools for this.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2013-04-04 22:19:392022-10-17 13:53:52Commercial Law at your best
About Mercatorius
/by AIXhibitAbout Mercatorius
MERCATORIUS EEIG is an association of law firms from Germany, Belgium and the Netherlands. Partners of the EEIG are the law firm DHK Rechtsanwälte & Steuerberater with offices in Aachen (DE), Liège (BE) and Sittard (NL), the Belgian law firm FLHM with offices in Liège, Verviers and Welkenraedt (BE) and the law firm Dr. Johannes Dilling in Cologne (DE).
Our partners have more than 25 years of experience in the practice of international business and commercial law.
MERCATORIUS was created from the German-Belgian Desk, which our partner Guido Imfeld and his team have been responsible for since 1999 at the Aachen and Liège offices. One specific focus is on German-Belgian cross border legal cases.
International legal relations are complex. It needs specialists. No lawyer can cover every legal field. MERCATORIUS is a network of specialists in the field of international law, but also downstream of the respective applicable national law. We know and trust each other.
That is why we took the step to establish MERCATORIUS in the form of a European Economic Interest Grouping.
Your contact person is Mr. attorney Guido Imfeld at the locations Aachen and Liège.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Imprint
/by AIXhibitImprint
Legal Notices
These pages are presented by:
MERCATORIUS EEIG/GIEE/EWIV (European Economic Interest Grouping/Groupement d’Intérêt Économique Européen/Europäische Wirtschaftliche Interessenvereinigung)
Jülicher Str. 215
52070 Aachen
Germany
Phone: + 49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111
E-mail: imfeld@mercatorius.eu
Internet: www. mercatorius.eu
MERCATORIUS EEIG has its registered office at Nereth 8, 4837 Baelen, Belgium and a branch office at Jülicher Straße 52,5 2070 Aachen, Germany. It is registered in the Belgian Central Database of Enterprises (ZDU) under the tax identification and company number 0737.818.226.
The European Economic Interest Grouping is a company based on European Union law. Its purpose is to facilitate and promote cross-border cooperation between its members. The mandate relationships with the client are established in detail with the respective partner law firms.
Managing director of the MERCATORIUS EEIG is Mr. Guido Imfeld, attorney at law.
Data security representative: Guido Imfeld
The professionals of the partner law firms of MERCATORIUS EEIG, in so far as they hold the professional title of lawyer, are members of the following Bar Associations, which are also the competent supervisory authority:
Bar Association for the Higher Regional Court District of Cologne (Rechtsanwaltskammer Köln)
Riehler Str. 30
50668 Cologne
Germany
Phone: + 49 (0) 221 / 97 30 10-0
Fax: + 49 (0) 221 / 97 30 10-50
e-mail: kontakt@rak-koeln.de
Web: www.rak-koeln.de
The professional title of attorney and specialist attorney are awarded in Germany.
The relevant professional regulations of the Federal Lawyers’ Act of 01.08.1959, BRAO (BGBl I. 565), the Lawyers’ Fees Act of 05.05.2004 (BGBl I. 718) – RVG – as well as the Professional and Specialist Lawyers’ Regulations of the Federal Chamber of Lawyers of 01.03.2010 – BORA and FAO – in their respective valid versions are accessible on the homepage of the Federal Chamber of Lawyers (www.brak.de).
The professionals, insofar as they bear the professional title Avocat, are members of the following Bar Association, which is also the competent supervisory authority:
Ordre des Avocats du Barreau de Liège (Liège Bar Association, Belgium). Professional regulations can be obtained from the Liège Bar Association (Barreau de Liège, Place Saint Lambert 16, 4000 Liège, www.barreaudeliege.be) and Avocats.be, L’Ordre des Barreaux Francophones et Germanophone de Belgique, B-1060 Brussels, Avenue de la Toison d’Or, 65, Tel.: 0032 2 648 2098, www.avocats.be).
Professional liability insurance Germany:
ERGO Insurance AG
ERGO-Platz 1, 40477 Düsseldorf, Germany
The territorial scope of the insurance cover includes activities in the Member States of the European Union.
Professional liability insurance Belgium:
Lawyers registered in Liège, Belgium are insured through the Liège Bar Association and there through Marsh SA, Rue Forgeur 17, 4000 Liège, Belgium.
Responsible according to § 55 para. 2 RStV (V.i.S.d.P.):
Guido Imfeld
Jülicher Str. 215
52070 Aachen
Germany
Platform of the EU Commission for online dispute resolution: http://ec.europa.eu/consumers/odr.
MERCATORIUS EEIG is willing to participate in dispute resolution procedures before a consumer arbitration board. Competent consumer conciliation board for pecuniary disputes from the mandate relationship up to a value of 50.000 euro is the conciliation board of the attorney shank, new Grünstr. 17, 10179 Berlin, www.schlichtungsstelle-der-rechtsanwaltschaft.de. We will participate in arbitration proceedings before this office.
Disclaimer
Despite careful control of the contents, we do not assume any liability for the contents of external links. The operators of the linked pages are solely responsible for the content of their pages.
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AIXhibit GmbH – E-Commerce / Online Marketing
www.aixhibit.de
German-Belgian Desk
/by AIXhibitGerman-Belgian Desk
The German-Belgian Desk of our law firm advises companies on the legal aspects of foreign business in Belgium and Germany. In Germany, our offices are located in Aachen and Cologne, in Belgium in Liège, Verviers and Welkenraedt.
The lawyers of the German-Belgian Desk are authorized to provide legal advice and representation in court in both Germany and Belgium.
With its approximately 11 million inhabitants, Belgium is the ninth-largest trading partner of Germany. Both countries are important sales markets for each other. Companies from both countries have a strong presence in the German and Belgian markets.
Our services include advice on how to establish a market presence abroad, whether through international trade and service agreements or, for example, through authorized dealers or commercial agents. In doing so, it is not only necessary to draft the contracts in accordance with the customs of international trade law, but also to secure the market position via industrial property rights, in particular trademarks and licenses on the respective foreign market. This is particularly important in the case of franchising and direct marketing.
A sustainable presence in the respective foreign market can also be established by a dependent branch in the form of a permanent establishment of the company or by an independent branch by founding or acquiring a company in the respective target market, usually in the legal form of a GmbH or stock corporation. We support you here as a project service provider, not only by taking over the drafting of contracts, but also by assisting companies in the selection of a suitable location, the acquisition or leasing of real estate and the hiring of employees, etc.
We also have extensive experience in the field of internet-based distance selling and international mail order.
We have a network of excellent service providers in Belgium (notaries, tax consultants, auditors, social secretariats, real estate agents) with whom we have been working successfully for more than twenty years. This also applies to our cooperation with a selected network of Belgian lawyers through our EEIG MERCATORIUS, because specialization in German-Belgian commercial law does not mean that we want to be active in every field of law ourselves. In the field of labor and social law, tax law, tenancy law or administrative and commercial criminal law, we call in Belgian specialists as required and in consultation with the client, but we also act as coordinators and contacts for the interests of our clients in the sense of competent project management.
Due to our admission as lawyers in Germany and Belgium, we can guarantee the representation of our clients in legal disputes in both countries, nationwide before all courts of first and second instance. Our clients have the advantage of commissioning a law firm that not only has a command of German and Belgian civil procedural law, but also has first-hand knowledge and experience of the local conditions. In addition, we are familiar with international private and civil procedure law, which, in accordance with European law, is the essential interface for legal questions with foreign implications.
The examination of the places of jurisdiction that come into question in the event of a legal dispute and of the law applicable in the specific case is carried out without prejudice to the outcome, because those who are able to conduct proceedings in both countries can draft a procedural tactic in accordance with the interests of the client. To conduct a lawsuit abroad can be advantageous with regard to different jurisdiction, rules of evidence, costs or duration of proceedings.
The German-Belgian Desk is headed by lawyer Guido Imfeld.
We would be pleased to advise you.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Guido Imfeld
/by AIXhibitGuido Imfeld, contact for Mercatorius
As contact person for the services of our network and responsible for the German-Belgian Desk, Mr. Guido Imfeld (Aachen/Liège) and his team are at your disposal.
Mr. Imfeld is a specialist lawyer for international business law, commercial and corporate law, spécialiste en droit international privé and business mediator. His focus is on international business law, especially German-Belgian business and commercial law. He is admitted to the bar in Aachen, Germany and to the Ordre des Avocats du Barreau de Liège, Belgium. He is therefore entitled to advise and represent clients before all first and second instance jurisdictions in both countries.
Mr. Imfeld, who has been living privately in Belgium since 1998, knows the Belgian market, the peculiarities of Belgian law with regard to international distribution and – last but not least – the Belgian mentalities, in the plural, because Flanders is not the same as Wallonia and the German-speaking community has its own peculiarities. It is essential that the lawyers of the German-Belgian Desk have a good command of the three national languages of Belgium: French, Dutch and German, in addition to English as the frequently chosen language of negotiation between German and Belgian contracting parties.
Mr. Imfeld has been a member of the Board of the Cologne Bar Association since 2008 and was its vice president from 2012 to 2023. He is one of the two delegates of the German Federal Bar Association (BRAK) to the Council of Bars and Law Societies of Europe (CCBE) and, among other things, a member of the European Law Committee of BRAK.
Guido Imfeld
Lawyer
Jülicher Str. 215
52070 Aachen, Germany
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
Fax: + 49 (0) 241 / 9 46 21-111
E-Mail: imfeld@mercatorius.eu
Education and qualifications
Correspondence Languages
Memberships
Areas of Practice
/by AIXhibitAreas of Practice
The focus of MERCATORIUS is on national and, above all, international commercial and business law, both in terms of advice and litigation. MERCATORIUS works as a practice group, which merges and ensures knowledge. Our business experience and our entrepreneurial thinking ensure that clients can perceive opportunities and manage risks. Our litigation experience guarantees that your legal position is enforced and defended in the best possible way, even in conflict situations.
Private International Law - Rome I Regulation, Rome II Regulation
The first question in international cases involving two or more legal systems is that of the applicable law. Within the EU this is regulated for contractual claims in the Rome I Regulation, for non-contractual claims in the Rome II Regulation. Outside the scope of application of the above-mentioned regulations, private international law in German law is found in the Introductory Act to the German Civil Code (EGBGB), in Belgian law, for example, in the Code de droit international privé.
International Civil Procedure Law
The subject of international civil procedure law is the question of the international jurisdiction of state courts in cross-border disputes. Within the EU, this is regulated in the Brussels Ia Regulation, in cases involving member states of the EEA in the Lugano II Agreement. These regulations allow for the determination of the courts having jurisdiction for a legal dispute and provide for conflict resolution in the event that several courts are seized of the same matter in dispute. They regulate the scope and admissibility of jurisdiction agreements. Finally, they contain the rules for cross-border enforcement.
International Sales Law
The United Nations Convention on Contracts for the International Sale of Goods (CISG/Convention des Nations Unies sur les contrats de vente internationale de marchandises, CVIM), also known as the Vienna Convention of 11 April 1980, has been ratified by 93 countries around the world as of 16 January 2020, including all EU member states with the exception of Portugal and Malta (as well as Great Britain). China, Russia and the United States, to name but a few, have also ratified the UN Sales Convention. The UN Sales Convention applies to cross-border contracts for the sale of movable goods for commercial purposes. It is one of the most important, if not the most important set of rules in the field of international law. Correctly applied, the UN Sales Convention is a very effective instrument in international trade. Based on our experience in the enforcement of commercial claims abroad, we recommend that sales contracts be concluded in accordance with this law. Disadvantages in comparison to the German law of the BGB and HGB can be compensated by intelligent contract design, especially general terms and conditions for cross-border trade.
General Terms and Conditions of Business
One focus of our activities is the drafting of general terms and conditions of purchase and sale. In the area of international trade, we give preference to the UN Convention on Contracts for the International Sale of Goods, adapted to the specific needs of our clients, over the reflexive retreat to the non-uniform law of the home country. This approach is due to the fact that effective limitations of liability through general terms and conditions are virtually impossible in German law. Furthermore, we know from our daily experience in the enforcement or defense of claims in cross-border disputes that it is incomparably easier to enforce a claim on the basis of UN sales law before a foreign court than under German law. Effective protection of your legal position and enforcement of your legitimate claims are our focus.
Contract Reviews
Many of our long-standing clients have their contracts systematically reviewed in advance. The main issue here is the effective limitation of liability. In some legal systems, for example in French law, there is an irrefutable presumption of knowledge of a defect, in Belgian law a rebuttable presumption. Many limitations of liability that were negotiated in good faith thus later prove to be ineffective. The effort of examining a contract before its conclusion is much less than the legal defense after the conclusion of a suboptimal contract.
Commercial Agency Law
Sales representatives are an important instrument for the market presence of a company abroad. The commercial agency law in the EU is national law, but its implementation must be legally compliant with the Commercial Agents Directive (Directive 86/653/EEC of 18 December 1986). Knowledge of the different forms of the respective national legal systems with regard to notice periods and compensation claims is therefore indispensable.
Law on Authorized Dealerships
Besides the commercial agent, the authorized dealer is one of the most frequently chosen alternatives for establishing a market presence abroad. Authorized dealer law is neither international nor European law. However, there are countries such as Belgium, for example, which, unlike Germany, have specific and mandatory rules for the authorized agent and in particular provide for a claim for compensation similar to that of the commercial agent. In certain cases, German law provides for an analogy to commercial agency law in the case of the authorized dealer. In French distribution law, there are commercial law provisions which massively restrict the freedom of contract in the event of termination. We are familiar with the international aspects of distribution law.
Franchise and Direct Sales
We have relevant experience in setting up and supporting franchise systems and direct sales. Especially here, different legal systems must be observed, especially when it comes to pre-contractual duties of disclosure. However, the protection of industrial property rights is just as much in focus as the observance of antitrust regulations in the area of non-competition clauses and selective distribution. Finally, if pursuing commercial activities in another country or directing activities to it, the consumer protection regulations that are mandatory there must be observed.
International Corporate Law
Very often companies are present abroad through production or sales companies, sometimes also through dependent branches. We support you in establishing foreign permanent establishments and in setting up partnerships or corporations. For this purpose, we have a network of tax consultants, notaries and personnel offices to accompany our clients’ activities abroad. Due to the reform of Belgian company law in May 2019 and the implementation of the so-called foundation theory, Belgium has become a very interesting location for internationally operating companies.
Cooperation and Joint Ventures
A first step into the foreign market is often made through cooperation and joint ventures, whether in sales or research. It is precisely here that the contractual determination of the applicable law, the determination of possible places of jurisdiction in the event of disputes and, in particular, the knowledge of European-influenced antitrust regulations is indispensable, especially with regard to the prerequisites for the effective protection of business and trade secrets and the safeguarding of non-competition clauses.
International Transport Law
Cross-border transport law is governed by the CMR (Convention relative au contrat de transport international de marchandises par route; Convention on the Contract for the International Carriage of Goods by Road). Compared to national law, this contains many special rules that must be observed. It is also important to observe the Incoterms of the International Chamber of Commerce (ICC), now in force as of 2020.
International Legal Representation
In Germany and Belgium, we can represent our clients before all state courts of first and second instance. In other countries, we have long-standing contacts that guarantee effective legal representation of our clients. Due to the bar admission in both countries, we can align our litigation strategy with the interests of our clients and take into account the specifics of litigation in the respective legal systems.
Arbitration
There are many legal systems in the world that either do not accept jurisdiction agreements or do not allow the enforcement of foreign judgments. In these cases, there is no alternative to agreeing on an arbitration court. We regularly appear before arbitration tribunals such as the German Institution of Arbitration (DIS), the International Chamber of Commerce (ICC), the Centre belge d’arbitrage et de médiation (Cepani), the Nederlandse Arbitrage Instituut (NAI) or the Swiss Chambers’ Arbitration Institution. We are familiar with the arbitration rules of the most important arbitration institutions and with the arbitration rules of the national codes of civil procedure as well as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958.
International Collaborative Law
Many of our lawyers are business mediators and are trained and active in the field of International Collaborative Law (Cooperative Practice). Out-of-court dispute resolution is a top priority for us. If you wish to avoid protracted and cost-intensive legal disputes, we are at your disposal. Mr. Imfeld is President of the Center for International Collaborative Law/Centre International de Droit Collaboratif, based in Liège. For international matters, the Cooperative Practice is the procedure of our choice.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Contact
/by AIXhibitContact us
We will try to answer your question as soon as possible.
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
Fax: + 49 (0) 241 / 9 46 21-111
E-Mail: imfeld@mercatorius.eu
Privacy Policy
/by AIXhibitPrivacy Policy
Privacy policy of MERCATORIUS EWIV
(as of April 2020)
Thank you for your interest in our website www.mercatorius.eu and in our company, products and services. MERCATORIUS EWIV is aware that the security of your private information from the use of our website is an important concern. For this reason, compliance with the legal regulations on data protection is a matter of course for us. Furthermore, it is important to us that you as a customer know at all times when and how we collect and store which of your data and how we use it.
In the following we inform you about the collection and other processing (e.g. storage, retrieval, modification, forwarding) of personal data when using our website. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior.
If we process personal data in the course of using our website or if we want to use commissioned service providers for individual functions, offers or services of our website with reference to data processing or if we want to use your data for advertising purposes, we will inform you in detail below about the respective processes, in particular which data are processed in this case. We will also state the intended storage period or in any case the specified criteria for the storage period and the relevant legal basis for the respective processing.
I. Name and address of the person responsible
The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the Member States and other provisions of data protection law is the:
MERCATORIUS EWIV
Managing Director: Guido Imfeld
Jülicher Str. 215
52070 Aachen
Germany
Phone: + 49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111
E-mail: imfeld@mercatorius.eu
Internet: www. mercatorius.eu
II. Contact details of the data protection officer
You can reach our data protection officer at imfeld@mercatorius.eu or at our postal address with the addition “the data protection officer”.
III. collection and storage of personal data as well as type, purpose, legal basis and duration of their use
§ 1 When visiting the website
If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal access data in so-called server log files, which your browser sends to our server. The following data is collected in the server log files:
This data is evaluated and then discarded exclusively to ensure the trouble-free operation of the site with regard to stability and security and to improve our offer. The legal basis for data processing is Art. 6 Para. 1 S.1 lit. f GDPR. Our legitimate interest follows from the aforementioned purposes for data collection.
The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility of objection on the part of the user.
The data will be deleted as soon as they are no longer required for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.
In addition, we use cookies and analysis services when you visit our website. You will find more detailed explanations in sections V and VI of this privacy policy.
You can access your cookie settings here.
§ 2 When using further services, functions and offers of our website
In addition to the purely informative use of our website, we offer various services, offers and functions which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply. The services, offers and functions are described in more detail below.
(1) Contact by e-mail or contact form
When you contact us via our contact form, as a general inquiry or by requesting an offer, the data you voluntarily provide (your company, your e-mail address, your first and last name, your address and, if applicable, your telephone number) will be stored by us in order to answer your question. The indication of company, e-mail address, first and last name as well as address data is required, all other information is voluntary. The answer is given by e-mail or, if indicated and desired, by telephone number.
The legal basis for the processing is Art. 6 para. 1 lit. f) of the GDPR; the legitimate interest lies in answering your question.
We will delete the data arising in this connection after completion of the enquiry you have made or restrict processing if there are legal storage obligations.
(2) Newsletter
With your consent you can subscribe to our newsletter, with which we inform you about our current interesting offers.
For the registration to our newsletter we use the so-called double-opt-in procedure. This means that after your registration we will send you an e-mail to the e-mail address provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store your IP address and the time of registration and confirmation. The purpose of this procedure is to provide proof of your registration and, if necessary, to be able to clarify any possible misuse of your personal data.
Your e-mail address is the only mandatory information for sending the newsletter. The provision of further data is voluntary and is used to address you personally. After your confirmation we will save your e-mail address for the purpose of sending the newsletter.
The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR on the basis of your voluntarily given consent.
You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the button “Newsletter – Unsubscribe” provided on our website, by sending an e-mail to imfeld@mercatorius.eu or by sending a message to the contact details given in the imprint.
(3) Application for a job
If you apply for a position at MERCATORIUS EWIV using the e-mail address provided on this website, the personal data you voluntarily submit will be used exclusively for the purpose of filling the advertised position and for checking and processing your application submitted in this context. Once the application procedure for the specific advertised position has been completed, this data will be blocked for further use and deleted once any statutory storage obligations have expired. The legal basis for the processing is Art. 88 GDPR in connection with § 26 para. 1 BDSG (Federal Data Protection Act).
IV. Passing on of data
Your personal data will not be transferred to third parties for purposes other than those listed below.
We only pass on your personal data to third parties if:
V. Use of cookies
§ 1 Scope of data processing
In order to make the visit to our website user-friendly and effective and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files which are stored on your end device and which save certain settings and data for exchange with our system via your browser. Through the cookies, certain information flows to the site that sets the cookie (here by us). Cookies cannot execute programs or transfer viruses to your computer.
Cookies do not contain any personal data and can therefore not be directly assigned to any user. Please note that certain cookies are already set when you enter our website. This website uses the following types of cookies:
– Necessary/functional cookies: These cookies are necessary to enable the operation of our website. These include cookies that enable you to log in to the customer area.
– Transient Cookies: These are automatically deleted when you close the browser. These include in particular session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This enables your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
– Persistent cookies: These are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. You can also configure your browser to notify you whenever a cookie is set. Please consult the respective provider of your browser. Please note that if you refuse cookies, you may not be able to use all the functions of this website.
The legal basis for the use of cookies is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest results from the above-mentioned purposes of making the offer of our website more user-friendly and effective.
Further information on analytical cookies can be found under VI. of this declaration.
VI. use of analytical tools
On our website, web analysis services are used for purposes of need-based design and advertising.
a. Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
IP anonymization
We have activated the IP anonymization function on this website. This means that your IP address will be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not combined with other data from Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link ( http://tools.google.com/dlpage/gaoptout?hl=de ).
As an alternative to the browser plugin, especially for browsers on mobile devices, you can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent the collection of your information on future visits to this website.
Disable Google Analytics
The opt-out cookie is valid only in this browser and only for our website and is placed on your device. If you delete the cookies in this browser, you will have to set the opt-out cookie again.
Order data processing
We have concluded a contract with Google for commissioned data processing and implement the strict requirements of the German data protection authorities when using Google Analytics.
We use Google Analytics to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest results from the above-mentioned purposes.
Third party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001, Terms of use: http://www.google.com/analytics/terms/de.html , Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html , and the privacy policy: http://www.google.de/intl/de/policies/privacy .
VII. Advertising
On this website, the SalesViewer® technology of SalesViewer® GmbH is used to collect and store company-related data for the purpose of marketing and market research as well as for optimization purposes.
Thereby, under a pseudonym, the company data of the website visitors, such as location, industry, website, contact data are collected. So-called tracking scripts are used for this purpose, which serve to collect the data. This data can be used to create user profiles under a pseudonym for the above-mentioned purposes. The data collected with this technology will not be used to personally identify the individual visitor to this website and will not be merged with personal data about the bearer of the pseudonym without the separately given consent of the person concerned.
You can object to the collection and storage of data at any time with effect for the future by visiting the following link https://www.salesviewer.com/opt-out to prevent the collection by SalesViewer® within this website in the future. An opt-out cookie for this website will be placed on your device. If you delete your cookies in this browser, you must click this link again.
The legal basis for the processing is Art. 6 para. 1 lit. f GDPR. The legitimate interest results from the aforementioned purposes.
VIII. Google Maps
On this website we use the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.
By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration is transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.
For more information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider’s privacy policy. There you will also find further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
Information about the third party provider: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
IX. Your Rights
If personal data are processed by you, you have the following rights vis-à-vis us regarding the personal data concerning you:
– Right to information, Art. 15 GDPR:
You can demand confirmation from the person responsible as to whether personal data concerning you is being processed by him or her.
If such processing has taken place, you may request information from the data controller on the following:
– the purposes for which the personal data are processed
– the categories of personal data which are processed;
– the recipients or the categories of recipients to whom the personal data concerning you have been or will be disclosed, in particular in the case of recipients in third countries or international organizations; in the latter cases, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR, in connection with the transfer;
– the planned duration of the storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the storage period;
– the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
– the existence of a right of appeal to a supervisory authority;
– any available information as to the source of the data where the personal data are not collected from the data subject;
– the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
– Right of rectification, Art. 16 GDPR:
You have a right of rectification and/or integration vis-à-vis the controller if the personal data processed concerning you is incorrect or incomplete. The data controller must make the correction without delay.
– Right of cancellation, art. 17 GDPR:
a) Duty to delete
You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
– the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
– you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a GDPR and there is no other legal basis for the processing.
– You object to the processing pursuant to Art. 21(1) GDPR (cf. point X) and there are no legitimate reasons for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
– The personal data concerning you have been processed unlawfully.
– The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
– The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the GDPR.
b) Information to third parties
If the controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 para. 1 GDPR, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
c) Exceptions
The right of cancellation does not exist insofar as the processing is necessary
– on the exercise of the right to freedom of expression and information;
– to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
– for reasons of public interest in the field of public health pursuant to Article 9 paragraph 2 letters h and i and Article 9 paragraph 3 of the GDPR;
– for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
– to assert, exercise or defend legal claims.
– Right to restrict processing, Art. 18 GDPR:
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
– if you dispute the accuracy of the personal data concerning you for a period of time which enables the person responsible to verify the accuracy of the personal data;
– if the processing is unlawful and you refuse to delete the personal data and instead demand the restriction of the use of the personal data;
– the controller no longer needs the personal data for the purposes of the processing, but you need the personal data in order to assert, exercise or defend legal claims; or
– if you have lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR (cf. point X) and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If you have obtained a restriction on processing under the above conditions, you will be informed by the controller before the restriction is lifted.
– Right to information, Art. 19 GDPR:
If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed of these recipients.
– Right to data transferability, Art. 20 GDPR:
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. Furthermore, you have the right to have this data communicated to another person in charge without hindrance by the person in charge to whom the personal data has been made available, provided that
– the processing is based on a consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and
– the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
Your right to deletion remains unaffected.
The right to data transferability shall not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
– Right to object, Art. 21 GDPR
You have the right to object to the processing of data for advertising purposes on a case-by-case basis and to object to the processing of data for advertising purposes. You will find further information on this under point X of this data protection declaration.
– Right to revoke the declaration of consent under data protection law:
You can revoke any consent you have given to the responsible party for the processing of your personal data at any time. Please note that the revocation is only effective for the future. The lawfulness of the processing carried out on the basis of the consent until revocation is not affected.
– Automated decision in individual cases including profiling, Art. 22 GDPR:
You have the right not to be subjected to a decision based exclusively on automated processing – including profiling – which has legal effect vis-à-vis you or which significantly affects you in a similar manner. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible
(2) is authorized by Union law or the law of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
In cases (1) and (3), the responsible person shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the responsible person, to present his or her point of view and to challenge the decision.
Furthermore, decisions based exclusively on automated processing may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
– Right of appeal to a supervisory authority, Art. 77 GDPR:
You also have the right to complain to a data protection supervisory authority about the processing of your personal data. You may address your complaint to the supervisory authority in the Member State in which you are resident, your place of work or the place where the alleged infringement is committed. The supervisory authority to which the complaint has been submitted will inform you as the complainant of the status and the results of the complaint, including the possibility of a legal remedy under Art. 78 GDPR.
You can exercise your aforementioned rights by sending us an informal message. This message should be addressed to:
MERCATORIUS EEIG,
Jülicher Str. 215,
52070 Aachen,
Germany
Fon: + 49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111
E-mail: imfeld@mercatorius.eu
X. Right of objection according to Art. 21 GDPR
Right of objection based on individual cases:
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 para. 1 letter e GDPR (data processing in the public interest) and Art. 6 para. 1 sentence 1 letter f GDPR (data processing to safeguard the legitimate interests of the controller or of a third party); this also applies to profiling based on these provisions. If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
Right to object to the processing of data for advertising purposes
In individual cases, we process your personal data in order to carry out direct advertising. You have the right to object at any time to the processing of personal data concerning you for the purpose of such direct marketing, including profiling, if it is linked to such direct marketing. If you object to processing for the purposes of direct marketing, we will no longer process your personal data for those purposes.
The objection in the above-mentioned cases can be made without any formality and should be sent by e-mail and if possible with the subject “Objection” to
MERCATORIUS EEIG,
Jülicher Str. 215,
52070 Aachen,
Germany
Fon: + 49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111
E-mail: imfeld@mercatorius.eu
XI. Data Security
By taking all technical and organizational measures, we make every effort to store your personal data in such a way that they are not accessible to third parties. When communicating by e-mail, we cannot guarantee complete data security, so that we recommend that you send confidential information by post.
This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If TLS encryption is activated, the data you send to us cannot be read by third parties.
Our philosophy and values
/by AIXhibitOur philosophy and values
MERCATORIUS represents companies and professionals of all sizes. The emphasis of our commercial clientele lies in the range of the smaller and middle sized enterprises, thereby particularly in the field of mechanical engineering companies.
We offer our clients a high degree of specialization at reasonable costs. The choice of our locations outside the major cities allows us to pass on our cost advantages to our clients for the purpose of effective legal advice. Our lawyers are highly specialized and often come from large international law firms. The medium-sized structure of our law firm allows us a high degree of flexibility and independence combined with excellent expertise.
We see ourselves as a service provider, but not only that: we are also and above all lawyers and thus committed to our professional and ethical code. Our attorneys, many of whom are active in national and international professional organizations, take their obligation to loyalty, discretion and confidentiality very seriously.
Our lawyers are multilingual. We advise our clients and represent their interests, also in court, in business fluent German, French, English and Dutch. Many of our lawyers have an international background and are familiar not only with the language of neighboring countries but also with their mentality. This not only helps them to assist in contract negotiations, but also to find out-of-court solutions in case of legal disputes.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Commercial Law at your best
/by AIXhibitMERCATORIUS stands for International Commercial Law
Lex Mercatoria, the law of the merchant
We accompany our clients in international trade
MERCATORIUS offers you the necessary tools
Commercial Law at your best
MERCATORIUS stands for International Commercial Law: Lex Mercatoria, the law of the merchant. We accompany our clients in international trade and advise them on how to establish their market presence abroad.
The globalized economy is characterized by worldwide division of labor and cooperation. Hardly any product or service is not the result of cross-border cooperation. International sales contracts secure the purchase and sale of products. Market presence abroad is ensured by cross-border cooperation, authorized dealerships, commercial agents, franchises or branches. You need tools to manufacture products. The same applies to cross-border trade: our clients need tailor-made legal products and competent lawyers who are proficient in these tools. So you stay on track.
International trade law can only be understood in the context and interaction of national laws, European directives and regulations, and international treaties and instruments.
MERCATORIUS offers you the necessary tools for this.
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Our support Hotline is available 24 Hours a day: (555) 343 456 7891
Short portrait
Contact
Guido Imfeld, lawyer
Jülicher Str. 215
52070 Aachen
Germany
Fon: +49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111
E-Mail: imfeld@mercatorius.eu translations