Compensation actions arising from breach of contract
- Losses arising from non-performance or improper performance of an obligation, late performance, defective performance and the termination of the contract
- Assessment of direct damage, lost profit, contractual penalty, default interest and expense claims
- Establishing how claims for termination of the contract, withdrawal, adaptation and compensation relate to one another
- Liability claims arising from auxiliary persons in performance and subcontractors
- Review of limitation of liability, exclusion-of-liability clauses, guarantee, security and insurance provisions
Personality rights and non-pecuniary damages arising from the digital environment
- Claims arising from insult, slander, personal attacks and damage to professional or commercial reputation
- Privacy, image, voice, name and the unlawful use of personal data
- Violations committed through the internet, social media, news, comments and digital publications
- Claims to stop and prevent the violation, to establish it and to have it corrected, together with the routes for pecuniary or non-pecuniary damages
- Assessing, in the specific case, the balance between freedom of expression and of the press and personality rights
Unfair competition, intellectual property rights and commercial reputation damage
- Pecuniary losses arising from acts of unfair competition, breach of trade secrets and misleading statements
- Compensation claims arising from infringement of trademarks, designs, patents, copyright and other intellectual or industrial property rights
- Assessment, to the extent applicable, of calculation methods based on lost profit, the infringer’s profit and a license fee
- Coordination of interim injunctions, evidence preservation, stopping the violation and compensation claims with the relevant specialized practice areas
Mobbing, discrimination and violations of personality rights in the workplace
- Legal assessment of systematic psychological harassment, discrimination, exclusion and violations of personality rights
- Handling the termination of the employment contract, employment receivables and compensation claims together
- Collecting correspondence, workplace records, witnesses, medical reports and other evidence in a lawful manner
- Review of the employer’s duty of care and institutional obligations of prevention
Assessment of Non-Pecuniary Damages
Non-pecuniary damages are a legal instrument aimed at redressing the non-pecuniary harm suffered because of a violation of bodily integrity or of personality values. They are not punitive in nature and do not arise automatically in every unlawful act.
The assessment takes into account the gravity of the event, the nature of the fault, the situation of the parties, the duration and spread of the violation, physical or psychological effects, the relationship of closeness and the principle of equity. It is important to link the claim to the specific event and to document the effects of the harm as far as possible.
Distinguish the Basis of Pecuniary and Non-Pecuniary Claims
The breach of a contract alone does not in every case give rise to a right to non-pecuniary damages. The value that was violated, the nature of the harm and the relevant provision are determined. There is no fixed tariff or automatic calculation result that applies to everyone for non-pecuniary damages.
Show the source of digital evidence
The publication address, account name, date, time and the original content that can be accessed should be kept together. A cropped screenshot alone may not be sufficient in every file. Do not access accounts without permission; avoid recording methods that are unlawful. Compensation and the stopping of a publication or other protective routes are assessed separately.
Make the commercial loss concrete
Invoices, order cancellations, sales data, contracts and financial records help show the link between the event and the loss. It is not assumed that the entire decline in turnover arose from a single violation. In unfair competition and intellectual property rights, the special calculation and time limit provisions are examined separately.
Compensation related to divorce is subject to separate conditions
Pecuniary and non-pecuniary compensation arising from family law should not be treated as the same as the general liability provisions. For this claim, a special assessment is made within the scope of divorce legal services.