Profile
Dr. Heiko Franke’s practice focuses on trade and distribution and product liability. His clients include German and international corporations and medium-sized companies with a strong international focus. His activities include in particular the structuring of distribution systems and the negotiation of purchase and supply agreements as well as distribution agreements, e.g., contracts with commercial agents, distributors, franchisees and commission agents. He also drafts and optimizes other typical “commercial” documents such as general terms and conditions of purchase and general terms and conditions of sale and delivery, consignment agreements, non-disclosure agreements (NDAs), MoUs and LOIs. In the area of product liability, Dr. Franke inter alia advises on recall-related aspects and liability under the German Product Liability Act.
Another focus of his practice is the representation of his clients in the enforcement of or defence against claims, particularly in disputes concerning warranty rights and contractual liability issues.
Dr. Franke worked for many years in major international law firms. He is the author of numerous specialist publications.
Career Milestones
- 2019: Founder and Partner of Hartmannsberger Franke, Düsseldorf
- 2014 – 2019: Lawyer and Salary Partner at Taylor Wessing, Düsseldorf
- 2011 – 2014: Lawyer at Baker & McKenzie, Frankfurt
- 2010 – 2011: Lawyer at Wilmer Hale, Frankfurt
Publications (Excerpt)
- Repayment of Commission in Case of partial Non-Execution of the Contract (with Dr. Benedikt Rohrßen), IWRZ 2018, 107-11
- Indemnity Circulation – Discussion of BGH I ZR 229/15: Indemnity Claims of Commission Agents (with Dr. Benedikt Rohrßen), IHR 2017, 62-70
- News on the Commercial Agent Compensation Claim and its Meaning and Purpose, International Commercial Law 2016, 100-104.
- No effective advance Exclusion of the Distributor’s Compensation Claim in the EEA – Discussion on the BGH Judgment of 25.02.2016 – VII ZR 102/15 (with Dr. Benedikt Rohrßen), IWRZ 2016, 125
- Co-Author and Co-Editor of “Examenskurs IPR, IZVR und Europarecht” (1st ed., 2005)
Legal Updates
Repair Directive Clears Penultimate Hurdle
The European Parliament today adopted the (amended) proposal for a directive on the so-called “right to repair” by 584 votes to 3 with 14 abstentions. Time for a first look at some fundamental changes to the original proposal.
More Regulation instead of Competition: Commission plans Costly System Change of Laws on Advertising with Green Claims – Comments on the Proposal of a Green Claims Directive (Part 2 of 3)
Part 2 of our series on the proposed Green Claims Directive. This part deals with the planned requirements regarding eco-labelling and the proposed new preventive control of green claims in the form of a conformity assessment procedure.
More Regulation instead of Competition: Commission plans Costly System Change of Laws on Advertising with Green Claims – Comments on the Proposal of a Green Claims Directive (Part 1 of 3)
With its proposal for the Green Claims Directive, the Commission is planning a fundamental system change in the law on advertising with environmental claims and ecolabels. Now there shall be a conformity assessment procedure in advance and various accompanying obligations and powers of authorities to investigate and sanction. As a result, environment-related advertising will become considerably more difficult for companies, or at least very time-consuming and costly. Reason enough to take a closer look. Start of our three-part series on the Green Claims Directive.
Proposal for a “Repair Right Directive” of the EU Commission
Climate protection and sustainability are major issues of our time. The EU Commission has committed itself to promoting these issues as part of the Green Deal and has already initiated numerous legal acts to this end. The Commission is continuing down this path with its March 2023 proposal for a Repair Right Directive.
Price Explosion for Raw Materials – Suppliers entitled to (Price) Adjustments?
Can suppliers demand that their customers pay higher prices than those agreed between them in the medium or long term due to increased raw material prices, and if so, on what basis?
Protect your trade secrets
For a little more than half a year now, the Law on the Protection of Trade Secrets (GeschGehG) (the “Law”) has been in force. In implementation of the EU Directive 2016/943, the Law brought about some fundamental changes in the area of protection of trade secrets.