Information required under Sect. 5 para. 1 of the German Telemedia Act [Telemediengesetz – TMG] and the Ordinance on Service Providers’ Duty to Inform [DL-InfoV]
The name of the provider is
Breiholdt und Partner
Telephone: +49 30 2014 484 0
Fax: +49 30 2014 484 99
Registered office for the partnership: Berlin
Local Court Charlottenburg PR 992 B
VAT ID no.: DE207518442
Each partner has the sole power of representation: Kai-Peter Breiholdt, Stefanie Breiholdt, Johannes Hofele, Sandra Lang-Lajendäcker, Martin Gast and Peter Pielen, all lawyers.
All of the lawyers are admitted to practise as lawyers under the laws of the Federal Republic of Germany and members of the Berlin Bar Association, Littenstraße 9, 10179 Berlin Telephone: +49 30 306 931-0, www.rak-berlin.de.
The following scales of legal fees and professional rules apply:
German Federal Lawyers’ Act [BRAO, Bundesrechtsanwaltsordnung]
Professional Code of Conduct for Attorneys [BORA, Berufsordnung für Rechtsanwälte]
Professional Code of Conduct for Specialist Lawyers [FAO, Fachanwaltsordnung]
German Lawyers’ Fees Act [RVG, Rechtsanwaltsvergütungsgesetz]
Code of Conduct of the Council of the Bars and Law Societies of the European Union (CCBE)
Act on the Activities of European Attorneys in Germany [EuRAG, Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland]
Law Implementing the Directives of the European Community pertaining to the professional law regulating the legal profession
Law on the Prevention of Money Laundering [GwG, Geldwäschebekämpfungsgesetz]
Regulation of the German Federal Bar Association pursuant to Sect. 14 par. 4 sent. 2 GwG (with related explanatory notes)
All scales of legal fees and professional rules can be viewed and downloaded at the German Federal Bar Association [Bundesrechtsanwaltskammer] www.brak.de (under the heading “Berufsrecht”).
Pursuant to the Federal Lawyers Act, lawyers are obliged to maintain legal malpractice insurance. Details are set out in Sect. 51 BRAO.
The professional liability insurance for Kai-Peter Breiholdt, Stefanie Breiholdt, Johannes Hofele, Sandra Lang-Lajendäcker, Martin Gast and Peter Pielen, all of whom are lawyers, is provided by HDI Versicherung AG, HDI-Platz 1, 30659 Hannover. Pursuant to AVB WSR [General Terms and Conditions of Insurance for Auditors, Tax Consultants and Lawyers] 558, the geographical scope of the insurance coverage comprises Germany and the rest of Europe. Liability claims arising from activities in connection with legal services rendered under European law and by lawyers before European courts are insured in other European countries. Insurance coverage applies worldwide at the amount of the minimum insurance stipulated by law if claims arise against the policyholder at non-European courts.
Breiholdt und Partner Rechtsanwälte have made every effort to provide accurate information. Nevertheless, Breiholdt und Partner Rechtsanwälte can give no guarantee for the completeness, up-to-dateness or substantive accuracy of the information provided on the website. In particular, the information does not constitute legal advice, but rather is intended only to provide general free information. No contract for legal counsel comes about by accessing webpages, sending an e-mail or downloading documents.
We assume no liability for damages arising either directly or indirectly from the usage of this website, unless the same is due to gross negligence or intent.
All information can be changed, removed or supplemented by Breiholdt und Partner Rechtsanwälte without notice. Neither the publication nor its content is allowed to be changed in any way or to be transmitted to third parties without prior express consent from Breiholdt und Partner Rechtsanwälte.
Out-of-court dispute resolution (notice pursuant to Sect. 3 par. 1 no. 4 DL-InfoV):
If disputes arise between lawyers and their clients, there is the possibility to request out-of-court dispute resolution pursuant to Sect. 73 par. 2 no. 3 in conjunction with Sect. 73 par. 5 BRAO at the Berlin Bar Association (see address above) or pursuant to Sect. 191f BRAO at the arbitration body of the Federal Chamber of Lawyers (www.brak.de; e-mail: email@example.com).
Online out-of-court dispute resolution (notice pursuant to 14 par. 1 of the ODR Regulation (Regulation (EU) No. 524/2013):
According to 14 par. 1 of the Regulation on Online Out-of-court Dispute Resolution in Consumer Disputes (Regulation (EU) Nr. 524/2013; so-called ODR Regulation, ODR = Online Dispute Resolution), traders established within the Union engaging in online sales or service contracts, and online marketplaces established within the Union, shall provide on their websites an electronic link to the European ODR platform. That link shall be easily accessible for consumers. Traders established within the Union engaging in online sales or service contracts shall also state their e-mail addresses.
Breiholdt und Partner Rechtsanwälte inform on this as follows:
The link to the EU platform for online out-of-court dispute resolution (OS platform) is: http://ec.europa.eu/consumers/odr/
Breiholdt und Partner Rechtsanwälte’s e-mail address is: firstname.lastname@example.org
Out-of-court dispute resolution (notice pursuant to ADR Directive)
The directive on alternative dispute resolution for consumer disputes (Directive 2013/11/EU; so-called ADR Directive, ADR = Alternative Dispute Resolution) was transposed into national law by the law implementing the directive on alternative dispute resolution for consumer disputes and on executing the directive on online out-of-court dispute resolution on 19 February 2016 (Federal Law Gazette I 254). With this new arrangement, a framework has been created on the national level for resolving disputes arising from contracts concluded both online and offline between consumers and companies, in that they can be brought before an extrajudicial consumer arbitration board. The focus is on the new root law, the Law on Consumer Dispute Resolution (VSBG). In addition, various special statutory provisions on arbitration boards were adapted. For the most part, the law went into effect on 1 Apr. 2016. In addition, the ordinance on consumer dispute resolution information obligations (VSBInfoV) from 28 Feb. 2016 (Federal Law Gazette I 326) went into force on 1 Apr. 2016. Breiholdt und Partner Rechtsanwälte will make the relevant information available as of 1 Jan. 2017.
Notice on communicating by e-mail.
Breiholdt und Partner Rechtsanwälte point out that unencrypted communication by e-mail can be tracked by third parties with relatively little effort, comparable to transmitting a postcard. If the initial contact is by unencrypted e-mails sent to Breiholdt und Partner Rechtsanwälte, we assume that the sender agrees to continue the correspondence with unencrypted e-mails.
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