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Medical law
Pharmacists today face a multitude of legal issues. These often involve product-related or professional questions, interdisciplinary cooperation with other healthcare professionals, discount agreements, recourse claims, or legal matters concerning the process and structuring in the event of selling or acquiring a pharmacy.
For many years, we have been entrusted with the legal issues surrounding the pharmacy sector and actively serve various market participants in this field.
Contract doctors and hospitals are increasingly faced with the requirements of "healthcare compliance". The focus here is on complying with internal and external regulations and taking precautions to avoid violating such regulations, with classic areas of advice including the implementation of compliance management and whistleblower systems, conducting internal investigations and carrying out contract audits. As a service provider, the requirements of various areas of law must regularly be taken into account. At this point, we take a holistic approach to consulting and are happy to support you..
Medical professionals today have various options for joint practice. These are subject to different legal frameworks regarding establishment, organization, and operation. Whether a partnership as a professional community, a medical care center (MVZ), a practice community, or, for example, an equipment-sharing community is worthwhile, and what other professional, statutory health insurance, and corporate law requirements are involved, depends on the individual case.
We have been active in the healthcare market for many years and are pleased to advise you on questions related to the establishment, restructuring, and legal structuring of your practice. Additionally, legal issues concerning practice lease agreements, succession, and disputes, as well as cross-sectoral collaborations, are focal points of our work.
The purchase of a medical practice is often a complex project for both the buyer and the seller, involving a variety of legal and practical requirements. We are happy to support you in the preparation, management, and execution of practice purchases and sales, particularly in light of the civil law requirements for the practice purchase agreement and the social law framework conditions for transferring the contractual medical authorization to successors.
Having been active in the healthcare market for many years, we are pleased to advise you on matters related to the founding, restructuring, and legal design of your practice. Additionally, legal issues concerning practice lease agreements, succession, and disputes, as well as cross-sector collaborations, are key areas of our expertise.
Cross-sector and interdisciplinary collaborations are becoming increasingly important in a time of growing professional networking and the simultaneous liberalization of professional regulatory barriers for service providers in the healthcare market. At the same time, such collaborations are subject to increased scrutiny and monitoring. These circumstances require careful preparation and design to create a legally secure foundation for all parties involved.
In this context, we advise and represent various market players, such as private practitioners, hospitals, and pharmacies. We support you in the preparation, planning, design, and execution of cross-sector and interdisciplinary collaborations.
Advertising law for the healthcare professions, due to its restrictive nature and the fact that it is shaped by case law (and is simultaneously subject to constant change), is a typical field of legal advice. The technical advancements and increasing digitalization in the healthcare market regularly open up new opportunities, which often raise previously undecided legal questions.
We are happy to advise you on all legal issues concerning the permissibility of individual advertising measures or the development of a marketing strategy to avoid unwanted warnings from competitors and/or disputes with professional associations from the outset.
Our Experts for this Specialty
Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law
If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.
Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.
Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.
When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.
For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.
Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.
We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).
For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.
Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.
We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.
To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.
Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law
Aircraft Damage Claims
When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.
Aircraft Damage Claims
Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.
Aircraft Leasing Agreements
In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.
Employment and Freelance Contracts for Pilots
Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.
Maintenance Agreements
Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.
Corporate Law
As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.
That's what you can expect
This is how we work at activelaw
Your Information
You tell us about your situation, we review your documents. We will give you an initial assessment of your case as soon as possible.
Your opportunities
Our experts will advise you on your chances of success and the individual options for your case.
Our promise
We advise and represent you in all legal matters until your request is successfully implemented.
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