English overview · DE – Wettbewerbsverbot
We advise on scope and post-contractual restrictions. The following guide addresses matters under German law and relevant European rules. Cross-border cases require separate consideration of governing law, jurisdiction and local requirements.
Scope and legal approach
Advice on scope and post-contractual restrictions starts with the legal position and commercial objective. The actual agreement, course of events and available evidence matter. Preventive drafting and responding to an existing dispute require different steps. The examples illustrate typical situations.
Four practical examples
These examples illustrate typical issues. They do not describe specific client matters.
Example 1
An employee faces restrictions. Compensation and validity are reviewed.
Example 2
A director starts a competitor. Corporate and contractual duties are distinguished.
Example 3
An agent changes principal. Duration and scope are examined.
Example 4
A restriction covers many activities. Protected interests are assessed.
Assessment and next steps
We first clarify the intended result, the parties involved and the relevant chronology. The documents are assessed alongside the actual course of events. Established facts, disputed assertions and matters requiring further evidence or technical expertise are distinguished. Deadlines and any need for urgent protection are considered at the outset.
Available options are compared by cost, timing, commercial value and evidential risk. Depending on the matter, the appropriate route may involve drafting or revising an agreement, negotiations, administrative proceedings or litigation. Interim measures require their own assessment. Any settlement should specify performance, deadlines, security and implementation, rather than leave the next disagreement unresolved.
Preparing an initial consultation
Please provide a short chronology, complete relevant contracts or decisions, amendments and correspondence. Record known deadlines and when important notices were received. Explain the outcome you need, such as completing a project, reducing exposure, enforcing a claim or defending a demand. We can then agree the scope of work and discuss costs.