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Financial Services & Banking Litigation in Germany

Specializing in the representation of banks and financial service providers

In the banking and finance business, legal disputes cannot always be avoided. In most cases, disputes occur between banks or financial services providers and their customers. We specialize in representing institutes and in advising them in judicial and extrajudicial proceedings.

Comprehensive legal advice on financial services litigation

Bank proceedings can quickly turn into lengthy procedures involving high cost expenditures and risks. This makes it all the more important to carefully analyze, from the outset, the opportunities and risks associated with a court dispute in Germany.

Such analysis must start with a comprehensive examination of the relevant facts. Because a clear understanding of the whole subject matter and all facts relating to a case will be required for developing a legally viable solution that can have the desired effect. In this context, the economic framework must always be borne in mind. Our banking litigation attorneys assist you by providing well-founded recommendations for actions both in the pre-court stages of a conflict and in court proceedings.

Expertise in Geman bank proceedings

Disputes involving banking and financial services law are characterized by the particular complexity of this legal area. Here, our highly skilled banking law attorneys can rely on their extensive experience in providing practical legal advice and services, which include

  • the drafting of standard banking contracts, such as
    • loan contracts,
    • real estate sales agreements, and
    • deeds of suretyship, as well as
  • the preparation of sales documentations and
  • the preparation of investment prospectuses.

Our lawyers specializing in financial services consider have long-term experience in banking litigation tactics and negotiation management. In civil law cases, it is particularly important to provide a compelling submission that convinces the court by its clear chronological and thematic structuring. Also the success or failure often depends on the outcome of the oral hearing. Here it is crucial to respond swiftly to highly unpredictable situations by making the appropriate case-related statements.

Court proceedings from the financial institute's point of view

The list of banking law topics that are prone to generating legal disputes is long. We represent banks

  • in cases of loan disputes involving companies or individuals, including related issues pertaining to consumer rights (right of revocation, processing fees),
  • in matters relating to collateral security law (real estate liens, sureties, guarantee credits, transfers by way of security),
  • in preserving the bank's rights in case of a customer's insolvency,
  • in matters relating to the law of monetary transactions, and
  • in case of liability issues in connection with investment advice or the issuance of capital instruments.

Enforcement of loan receivables in Germany

Where banks are involved in civil cases as plaintiffs, due to cost reasons, they have a great interest in having their receivables quickly declared legally enforceable. Skillful presentation in the lawsuit can promote this goal considerably. A complete and concise description of the facts as early as in the statement of claim gives the recognizing court the possibility of a prompt scheduling and decision without having to exchange numerous pleadings between the parties beforehand.

After the titling, a swift execution must take place in order to avert additional risks from a possible customer insolvency. Often, for the same reason, renewed settlement negotiations become necessary, in which our banking litigation attorneys can also provide support.

Defense of investor lawsuits in Germany

In many cases, defendant banks and financial service providers are faced with unjustified customer claims that have to be defended in court proceedings. Particular attention must be paid to mass proceedings in which institutions are claimed against by a large number of investors. An effective defense strategy in such cases must be built on a risk analysis that fully takes into account the economic dimension of the overall case.

From a procedural point of view, depending on the legal situation of the cases, it may be advisable to either obtain or avoid supreme court rulings. In terms of content, this often involves participation models (closed-end funds), investment funds or certificates. Commercial customers or the public sector are increasingly claiming losses from swap contracts as damages. Precise knowledge of the legal material involved and of the consumer law to be observed, if any, is indispensable in order to be able to present a successful defense in investor litigation.

Protection of the interests of insolvency creditors

Another area of legal defense for banks is action against claims based on challenges under insolvency law. Frequently, the realizability of collateral only becomes apparent in the event of the customer's insolvency. In the subsequent insolvency proceedings, the insolvency administrator's duty to increase the assets is set against the lenders' interest in a trouble-free realization of their collateral.

If the joint and several debtor has still provided services shortly before his insolvency, these are often reclaimed during the course of the insolvency proceedings. In this case, banks must make a legally sound decision in order neither to give in to an unjustified claim nor to incur unnecessary cost risks if contestability takes effect. It is common, however, for contestability to be clarified only through legal proceedings.

Our legal services regarding banking litigation court proceedings

The legal representation of credit and financial services institutions is a task for specialized banking litigation lawyers with relevant litigation experience. Our attorneys specializing in banking litigation will be happy to represent you in any legal proceedings before all local, state and higher regional courts within Germany. We can bring cases with a foreign connection before the courts there via suitable partner law firms and take over the process management for you.

Your German litigators within court proceedings

We are your partner for your banking litigation matters in Germany. Our specialized attorneys represent you in front of German district courts, regional courts as well as higher regional courts. Your banking litigation attorney is Attorney Dr. Annette Wagemann. Please contact us by e-mail (info@winheller.com) or by phone (+49 69 76 75 77 80).

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Awards

Juve AwardLegal 500 Germany 2019
azur100: Top Employer for Lawyers 2021