Commercial administrative law
The state has a formative and proactive influence on various areas of the economy, in that public law legal norms establish entrepreneurial rights and obligations. We advise our clients in all areas of commercial administrative law, in particular in the areas of commercial, catering, craft and childcare law. We represent our clients' interests vis-à-vis authorities, public institutions and courts.
Trade law
Pursuant to Section 1 (1) of the Trade Regulation Act, anyone is permitted to operate a trade unless exceptions or restrictions are prescribed or authorised by law. Trade law serves in particular to avert danger and monitor the economy.
The general legal regulations relevant to the operation of a trade can be found in the Trade Regulation Act. The term "trade" refers to any authorised, independent activity that is carried out for the purpose of making a profit and is externally recognisable, which is carried out in a planned manner and for a certain period of time. The so-called "liberal professions", such as doctors or lawyers, do not constitute a trade. The prerequisite for operating a trade is generally the personal reliability of the trader.
The Trade Regulation Act sets out the basic structural features and regulatory mechanisms. In addition, there are sector-specific laws, such as the Catering Act or the Crafts Code.
Catering law
In most federal states, a special permit, known as a licence, is required to operate a restaurant. In addition to the provisions of higher-level trade law, the provisions of catering law also apply.
Trade law
Trade law is also a special part of trade law that regulates the exercise of a trade in a standing business.
According to Section 1 of the Trade Regulation Act, a craft business constitutes a craft requiring a licence if it is operated as a craft and fully comprises a trade requiring a licence that is listed in Annex A of the Trade Regulation Act or if activities are carried out that are essential for this trade.
Official permits and authorisations
We check whether the activity is subject to or exempt from authorisation and provide support during the application process in order to submit the information and documents required for the application to the competent authority.
If the competent authority does not grant, revokes or withdraws an authorisation or permit or restricts it by imposing official requirements or conditions, we support such administrative proceedings and check all official measures for their legal admissibility.
