Franchising in germany
Facts and Figures
• pre-contractual disclosure obligations
• proper instruction on the right of revocation
Franchising in Germany represents a dynamic
• scope of territorial protection
business sector with consistent growthrates,
• proper incorporation of the franchise manual
totaling sales of EUR 62.8 billion in 2013. Close to
• compliance with statutory provisions related to
1000 franchise systems with 76,500 franchisees
standard terms
employ more than 525,000 employees in the
• price recommendations vs. binding sales prices
sectors services (45 %), retail (25 %), hotel/
• non-compete provisions (including post-con-
restaurants (18.3 %), and craft (11.7 %).
tractual obligations)
• exclusive purchase requirements
And there is potential for more:
• obligation to pay statutory pension contributions
Germany is the largest European country in
• compensation claims in analogy to commercial
terms of population, the strongest economy in
Europe and the fourth-largest by nominal GDP in
the world. Demographic change (more than 40 %
of the German population are 50 years or older)
agency law
• obligation on franchisors to pass on rebates
and discounts to franchisees
• prerequisites for termination for cause.
results in an increasing demand for services and
products in the health, senior care, wellness,
leisure industries and others.
Your Focus is Our Focus
Expanding internationally means adapting to
Legal Environment
the local markets while safeguarding the core
elements which make your system unique and
There is no statutory franchise law in Germany.
successful in your home market. We assist inter-
Legal standards are primarily based on a mosaic
national franchisors in managing
of court decisions supplemented by fragmented statutory provisions pertaining to civil law,
• the adaptation of existing legal documentation
competition and antitrust law (including EU-
to the requirements of German franchise
regulations), commercial law, company law,
standards (or, if preferred, we draft the
license and intellectual property law, and others.
relevant documentation in accordance with
Key aspects of relevant case law relate to
German law)
www.buse.de · Berlin · Dusseldorf · Essen · Frankfurt am Main · Hamburg · Munich
www.buseinternational.com · Brussels · London · Milan · New York · Palma de Mallorca · Paris · Sydney · Zurich
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• the application for protection of trademarks
and know-how
health. And more importantly: we know that
our clients want to do business without having
• compliance with statutory provisions (e.g. with
to become lawyers. So we use our expertise to
respect to labor law, consumer protection
help you concentrate on what you want to do
laws, food regulations, import restrictions, and
in the first place: successfully expand your
many others)
business in Germany.
• marketing and advertising campaigns in order
to be in line with regulatory restrictions
• implementation of amendments to franchise
Your Value
agreements
• disputes with competitors and/or franchisees
(in and out of court).
Providing legal advice and services to franchisors
is a people business. Your franchise team at
Buse Heberer Fromm has the in-depth industry
experience and the commitment to ensure that
Our Commitment
you get the service you need, and that you will get
it from our best.
Our approach is simple and straightforward:
we provide comprehensive, professional and
The Client Service Partner identifies the scope
practical advice to franchisors. We are familiar
of legal support required by you and will involve
with the legal aspects specific to franchise
the respective subject matter experts of our
operations and their application in practice.
firm. Throughout the entire project, your Client
Well-established distribution organizations
Service Partner will remain your primary contact,
and franchisors from Europe, the US and other
ensuring smooth interdisciplinary and cross-
regions of the world rely on our legal expertise.
border networking while efficiently managing
Start-up enterprises with innovative projects
your overall project cost. With more than 100
and an eye for upcoming trends benefit from
specialized attorneys in 6 offices in Germany we
our in-depth industry insights. Our clients
advise you on all aspects of commercial and tax
appreciate our comprehensive understanding
law. Through our international offices and our
of their industry sector, as we practice in core
extended network of international experts we
industries such as food & beverages, services,
efficiently steer your project should you wish to
retail, internet platforms, fashion, wellness/
franchise your system Europe-wide.
Contact your Client Service Partners of our franchise team:
Dr. Dagmar Waldzus, LL.M.
Jasper Hagenberg, LL.M.
(NYU)
(Cardozo)
Franchising, Antitrust and
Intellectual Property and
Distribution Law
Competition Law
Harvestehuder Weg 23
Kurfürstendamm 237
D-20149 Hamburg
D-10719 Berlin
waldzus@buse.de
hagenberg@buse.de
P: +49 40 41999–0
P: +49 30 327942-0
F: +49 40 41999–269
F: +49 30 327942-22
www.buse.de · Berlin · Dusseldorf · Essen · Frankfurt am Main · Hamburg · Munich
www.buseinternational.com · Brussels · London · Milan · New York · Palma de Mallorca · Paris · Sydney · Zurich
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