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News from ETTRICH

Our news from the Eschersheimer Tor.

Stay informed about the latest developments and gain insights into our main areas of work.


Labor law

Commerzbank prevails with Ettrich in dispute over custody fees

In October 2021, the consumer association Verbraucherzentrale Hamburg e.V. brought a claim against Commerzbank AG before the Regional Court of Frankfurt for an injunction against the use of clauses in the General Terms and Conditions of Business with which so-called custody and credit balance fees (among other things) were introduced and charged on savings deposits in new and existing customer business. The Frankfurt Regional Court had initially largely upheld the claim (judgment of 18.11.2022, ref.: 2-25 O 228/21). Commerzbank AG, which we represented in both instances, filed an appeal against the ruling in December 2022. In today’s appeal judgment (case reference: 3 U 286/22), the 3rd Civil Senate of the Higher Regional Court of Frankfurt upheld Commerzbank AG’s appeal, amended the judgment of the Regional Court of Frankfurt and dismissed the action brought by Verbraucherzentrale Hamburg e.V. in its entirety.

Representing Commerzbank AG
Ettrich: Dr. Frank Findeisen


Labor law

Ettrich further expands the employment law department

Attorney Susanna Grichtmaier joined Ettrich’s employment law team on January 1, 2024. Susanna is a specialist lawyer for employment law and previously worked for more than 10 years in employment law at ebl factum Rechtsanwälte, where she already worked closely with our partner Hendrik Bourguignon. She advises and represents national and international companies on all employment law issues. Susanna also successfully supports managers in separation situations. As in previous years, Susanna was listed as “Best Lawyer” by Handelsblatt (“Germany’s Best Lawyers”) in the field of employment law in 2023.


Labor law

Handelsblatt selects “Germany’s Best Lawyers” for the year 2023

Our partners Bernd Hanowski (dispute resolution) and Hendrik Bourguignon (employment law) are listed as “Best Lawyers” by “Best Lawyers in Germany™” and the Handelsblatt for 2023.

We are delighted with the award and would like to thank you for the numerous recommendations.

Conduct notarial business from home

Most citizens received a PIN number together with their current ID card at the time…and lost it again. Anyone who can still find their PIN now has a practical way of using it. For some time now, many transactions in company law that require notarial assistance have also been possible online. Identification is conveniently carried out using a smartphone, the chip built into the ID card and the corresponding PIN. It is then possible, for example, to have applications to the commercial register notarized without being physically present. The online procedure is also possible from abroad and is therefore particularly attractive for managing directors who would otherwise have to go through foreign notaries and obtain an apostille for “minor matters”. If you have any questions, please contact our notary team!

Labor law

Ettrich further expands the employment law department

Attorney Susanna Grichtmaier joined Ettrich’s employment law team on January 1, 2024. Susanna is a specialist lawyer for employment law and previously worked for more than 10 years in employment law at ebl factum Rechtsanwälte, where she already worked closely with our partner Hendrik Bourguignon. She advises and represents national and international companies on all employment law issues. Susanna also successfully supports managers in separation situations. As in previous years, Susanna was listed as “Best Lawyer” by Handelsblatt (“Germany’s Best Lawyers”) in the field of employment law in 2023.

Labor law

JUVE Ranking Employment Law

JUVE repeatedly lists Hendrik Bourguignon in the 2023/2024 Handbook of Commercial Law Firms in the ranking of frequently recommended employment law lawyers for advising executives.

JUVE lists Ettrich as a recognized law firm in the central region

JUVE writes about us in the Handbook of Commercial Law Firms 2023/2024:

“The traditional Frankfurt law firm is known for its work in insolvency proceedings, especially for banks based in Frankfurt. However, it has gained greater attention in recent years for two reasons: Firstly, its litigation practice has expanded to include clients from other industries, e.g. Stellantis, where it has been in charge of thousands of diesel cases nationwide. In addition, the generational change in the firm has been accelerated by a group of younger partners with a large law firm background. They are active in areas such as employment and real estate law, which means a broadening of the practice away from the former core of litigation and notarial work.”

We are delighted that our work over the past few years has been recognized.

Labor law

Commerzbank prevails with Ettrich in dispute over custody fees

In October 2021, the consumer association Verbraucherzentrale Hamburg e.V. brought a claim against Commerzbank AG before the Regional Court of Frankfurt for an injunction against the use of clauses in the General Terms and Conditions of Business with which so-called custody and credit balance fees (among other things) were introduced and charged on savings deposits in new and existing customer business. The Frankfurt Regional Court had initially largely upheld the claim (judgment of 18.11.2022, ref.: 2-25 O 228/21). Commerzbank AG, which we represented in both instances, filed an appeal against the ruling in December 2022. In today’s appeal judgment (case reference: 3 U 286/22), the 3rd Civil Senate of the Higher Regional Court of Frankfurt upheld Commerzbank AG’s appeal, amended the judgment of the Regional Court of Frankfurt and dismissed the action brought by Verbraucherzentrale Hamburg e.V. in its entirety.

Representing Commerzbank AG
Ettrich: Dr. Frank Findeisen

Labor law

Handelsblatt selects “Germany’s Best Lawyers” for the year 2023

Our partners Bernd Hanowski (dispute resolution) and Hendrik Bourguignon (employment law) are listed as “Best Lawyers” by “Best Lawyers in Germany™” and the Handelsblatt for 2023.

We are delighted with the award and would like to thank you for the numerous recommendations.

Ettrich gains experienced employment lawyer from ebl factum

On January 01, 2023, attorney Hendrik Bourguignon will join our firm as a partner. Hendrik will build up the employment law. He was most recently a partner in the law firm ebl factum, of which he was a co-founder. Before founding ebl factum in 2013, Hendrik had already worked as an employment lawyer for Schmalz Rechtsanwälte for ten years.

Ettrich successful for Stellantis in diesel proceedings

As the leading law firm in the diesel lawsuits against the Stellantis Group, which also includes FCA Italy S.p.A, the basic manufacturer of Fiat motorhomes, Ettrich Rechtsanwälte Notare has defended a four-digit number of diesel lawsuits for the Stellantis Group.

Ettrich grows with real estate partner Advant Beiten

We are expanding our real estate practice as of May 01, 2023. Friedrich Munding joins our firm as a partner. Friedrich previously worked at Advant Beiten. Friedrich advises on real estate and construction law and brings with him associate Dr. Angela Müller-Kogan from his former team. Our real estate practice has thus grown to five professionals.

Commerzbank wins test case with Ettrich

Ettrich Rechtsanwälte Notare has won the capital investor model proceedings (KapMuG proceedings) for the closed-end real estate funds IVG 12 and IVG 14 for Commerzbank AG before the Court of Appeal and the Higher Regional Court of Cologne. The BGH has now confirmed these decisions. The IVG 14 fund in particular became known for its striking fund property “The Gherkin” in London’s financial center. In addition to the model proceedings, the law firm also conducts the associated individual proceedings for investors before the regional courts.

Santander Consumer Leasing wins with Ettrich and Siegmann before the BGH

Ettrich Rechtsanwälte Notare has won for Santander Consumer Leasing GmbH before the Higher Regional Court of Düsseldorf. The BGH has now rejected the appeal against denial of leave to appeal. The Higher Regional Court of Düsseldorf ruled that the residual value leasing contracts and revocation instructions of Santander Consumer Leasing GmbH were free of errors. Lessees are therefore not entitled to a perpetual right of withdrawal or a so-called withdrawal joker.

Contact Person for News

Judith Hauser

Judith.Hauser@ettrich.de

+49 69 150 504 16