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Firm profile

The law firm Dr. Ouart & Collegen was founded in 2000 as a merger of several lawyers who had previously worked as partners in renowned international commercial law firms. In 2010, the legal form was changed to a Rechtsanwaltsgesellschaft m.b.H., the sole managing director is attorney Dr. Peter E. Ouart.

The law firm is particularly active for numerous companies from a wide range of industries in the EU, Switzerland and the USA. Clients include both medium-sized companies and multinational corporations, with whom large mandates and transactions have been successfully completed in the past. The interdisciplinary tax and legal advice of experienced specialists is an essential element of the consulting services offered.

The following areas of law form the core of the consulting spectrum: - Corporate law (inter alia company acquisition and restructuring)
- Industrial property rights (including competition law, copyright law, trademark law)
- Agrochemical law: product approvals; supervision of approval and licensing procedures at the BVL; opposition proceedings; administrative court proceedings; interim injunctions; product defence (competition and trademark law); EU parallel trade; anti-counterfeiting; import of plant protection products; defence against illegal imports; marketing, labelling
- National and international contract law
- Law of succession (in particular business succession, entrepreneurial wills, family foundations, international law of succession)
- Sports and association law (including football: DFL, UEFA, FIFA law, arbitration proceedings before CAS/Lausanne and handling international transfers for clubs; motor sports law (FIA regulations); sponsoring contracts; event management)
- International Private Law
- Commercial and corporate law
- UN Sales Law
- IT Law
- French law


One of the main areas of activity of the firm is EU plant protection law with all aspects of competition, trademark and EU-law. In this area, the firm represents numerous European and US companies listed on the German Stock Index (DAX) and the New York Stock Exchange (NYSE), among others. Dr. Ouart & Collegen is one of only a few law firms in Germany whose range of advice includes agrochemical law and product defence on the German market against illegal imports, EU parallel trade and EU import law. Furthermore, the law firm is also active in the field of biocides and seed law for German and European companies.

RA Dr. Peter E. Ouart has been one of the most renowned international experts for over 20 years. He has not only advised the German Agricultural Industry Association (IVA) for many years, but also has close contacts to German and European authorities, such as the Federal Office of Consumer Protection and Food Safety (BVL).

Dr. Peter E. Ouart is a regular speaker on these special legal issues, including for more than 10 years at the German Plant Protection Conference, most recently at the 61st German Plant Protection Conference held at the University of Hohenheim from September 10 to 14, 2018, on the subject of "Current Problems and Legal Issues in PPP Approvals in Germany"; also as a speaker at the Austrian Plant Protection Days 2019 on the subject of "Current Problems and Legal Issues in Zonal Approval Procedures in the EU" from November 26 to 27, 2019, at Seggau/Leibnitz Castle.

Furthermore, numerous publications have been published by RA Dr. Peter E. Ouart in professional journals. With the civil law and administrative court proceedings he has successfully conducted, he has brought about fundamental rulings of numerous higher regional courts and the Federal Supreme Court on the import and EU parallel trade of plant protection products, as well as decisive rulings and decisions of the administrative courts on the interpretation of the EU Regulation (EC) No.1107/2009, which is to be applied in all EU Member States since 2011 ( including 4 decisions of the VG Braunschweig and OVG Lüneburg between 2016-2019).

With the latter decisions, it has been possible for the first time to enforce the obligation of the approval authorities to directly grant product approvals in favour of applicants. Previously, such procedures, if successful, only resulted in an obligation for the authority to reissue a new decision to the applicant. The first-time obligation of the approval authorities to grant an approval immediately can therefore be described as a milestone in agrochemical law. At the same time, the court stated in the reasons for the judgement that the obligation to grant approval immediately also applies if the necessary agreement of other authorities involved in the procedure (such as UBA, BfR and others) was unlawfully refused or combined with inadmissible requirements that are not provided for in the EU regulation and the zonal EU approval procedure. The court thus confirmed the legal opinion expressed by lawyer Dr. Peter E. Ouart in the aforementioned proceedings. All of these judgments are final and binding, as the Higher Administrative Court of Lüneburg did not allow the appeal of the defendants and also confirmed the legal opinion of the plaintiffs in this respect.

Lawyer Dr. Peter E. Ouart is, in addition to his activity as a lawyer, also president of the Deutsche Gesellschaft für Erbrechtskunde e.V. (DGE), an international association of more than 100 inheritance law experts (lawyers, tax consultants, auditors and notaries) in Europe.

In 2018, lawyer Dr. Peter E. Ouart founded the SOS-Partnerschaftsgesellschaft mbB together with the renowned sports lawyer and former DFL chief counsel Dr. Thomas Summerer and other partners.

Correspondence and negotiation languages are German, English and French.

 
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