
Lawyer · Specialist lawyer for banking and capital markets law · Specialist lawyer for transport and forwarding law
Dr. Marco Rogert
Dr. Marco Rogert is a lawyer and certified specialist in two areas of law, based in Düsseldorf. He advises and represents clients nationwide in banking and investment law, cryptocurrency fraud and AI-related legal issues, as well as in transport and freight forwarding law. He became known as one of the leading lawyers in the handling of the emissions scandal and as a co-founder of the first model declaratory action against Volkswagen AG.
About Dr. Marco Rogert
Dr. Marco Rogert is a lawyer and specialist in consumer, commercial, and tort law with many years of experience. He is one of the legal pioneers in addressing the emissions scandal and led groundbreaking cases against car manufacturers at an early stage.
He gained particular renown through his involvement in the first model declaratory action against Volkswagen AG, which is considered a milestone in collective legal protection in Germany and has sustainably strengthened the position of consumers.
Today, a key focus of his work is on modern legal issues in the digital context: advising and representing clients in connection with artificial intelligence (AI), crypto fraud and digital investment forms, investor protection law and compensation proceedings, phishing, online fraud and cybercrime.
Furthermore, Dr. Rogert is active in transport and forwarding law as well as logistics contract law and advises companies along complex supply and value chains.
He holds two specialist lawyer titles (specialist lawyer for banking and capital markets law, specialist lawyer for transport and forwarding law) and stands for strategic, practical and assertive client management.
In addition to his legal practice, Dr. Rogert was a professor at FOM University of Applied Sciences, where he taught primarily business law. He also works for fastlaw.online GmbH, combining traditional legal advice with innovative legal tech approaches. Languages: German, English, Dutch, French
Training
Graduated in 1999
University of Osnabrück
+ Leiden University (NL)
Study of law
With additional training in economics · University of Osnabrück & Leiden University
2005
University of Hamburg
Doctorate in Law (Dr. iur.).
magna cum laude · with Prof. Dr. Mankowski · University of Hamburg
Dissertation: Logos Publishing House Berlin
2007
RAK Düsseldorf
Specialist lawyer for transport and forwarding law
Düsseldorf Bar Association · FAO § 14
2008
RAK Düsseldorf
Specialist lawyer for banking and capital markets law
Düsseldorf Bar Association · FAO § 14
Professional background
since 2007
Düsseldorf
Co-founder & Partner
Rogert & Ulbrich Rechtsanwälte in Partnerschaft mbB
2012 – 2020
FOM University
Professor of Business and Logistics Law
FOM University of Applied Sciences for Economics & Management · Essen, Cologne, Düsseldorf, Duisburg, Dortmund, Marl
2005 – 2007
Düsseldorf
ROGERT Legal Services
Düsseldorf
2003 – 2005
Düsseldorf
lawyer
Peters Lawyers, Düsseldorf
since 2003
RAK Düsseldorf
Admission as a lawyer
Düsseldorf Bar Association
additional qualifications
- In-depth knowledge of German-Dutch legal relations
- study of private international law
- PhD in international multimodal freight transport law
- Additional training in economics as a business lawyer, University of Osnabrück
- Several years of teaching on legal topics for the IKK Academy in Hagen
- Working for fastlaw.online GmbH – combining traditional legal advice with legal tech approaches
memberships
- RAK Düsseldorf
- DVIS – German Association for International Maritime Law.
- DGTR – German Society for Transport Law.
- BCMR – Business Club Maas Rhine
- DNHK – German-Dutch Chamber of Commerce
- Lunch Club of the Consulate General of the Netherlands
- NVA – Nederlandse Vervoerrecht Advocaten
- Forum Junge Anwaltschaft
- Association of Insurance Business Economists
- Working Group Risk + Law, Logistics Initiative Hamburg
- AG Transport and Logistics, DNHK
- AG Law and Taxes, DNHK
foreign language skills
English
Dutch
French
publications
Uniform law and conflict of laws in international multimodal freight transport
Logos-Verlag Berlin, 2005 · ISBN 3-8325-1004-4
Profiles & Directories
main areas of activity
- transport law (especially logistics contract law)
- International Trade Law
- International Credit Security Law
Publications & articles by Dr. Marco Rogert
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Fraudulent misrepresentation in motorhome purchase – rescission under § 123 BGB in case of prior damage and accident history
A concealed accident claim or a falsified history makes rescission under Section 123 of the German Civil Code (BGB) a viable avenue, even if a warranty disclaimer has been agreed upon. This article outlines the disclosure obligations, the indicators of fraudulent intent, the one-year limitation period, and the legal consequences.
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BYD takes back electric car – a real-world case study
Update failed, control unit missing, nine weeks in the workshop: How a buyer achieved the reversal of his BYD Atto 3 with Rogert & Ulbrich.
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Documenting range limitations: securing evidence step by step
Whether you can successfully claim compensation for insufficient range depends on your evidence. This guide shows you step by step how to properly document a range deficiency, from manufacturer specifications and charging logs to defect reports and expert opinions.
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Water damage with mold infestation – what the building insurance must pay for
What the Higher Regional Court of Cologne ruled on the mold exclusion clause in residential building insurance: After water damage, building insurance does not automatically cover mold damage. The Higher Regional Court of Cologne, in its judgment of February 10, 2026 (Case No. 9 U 19/23), confirmed the validity of the mold exclusion clause. However, damage caused solely by moisture without a proven connection to mold remains covered. Rogert & Ulbrich is reviewing which…
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Sickness benefit reduced – Federal Court of Justice declares subsequent reduction clauses invalid
What the Federal Court of Justice ruling of May 13, 2026 means for policyholders with daily sickness allowance insurance: Has your daily sickness allowance been reduced due to decreased income? Then it's worth taking a close look at your policy terms and conditions. In its ruling of May 13, 2026 (Case No. IV ZR 27/25), the Federal Court of Justice decided that an insurer cannot simply replace an invalid reduction clause with a new reduction provision.
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ECJ ruling on phishing – banks must first reimburse in cases of account fraud
The European Court of Justice has ruled: Banks must initially refund unauthorized payments made after phishing, even if they accuse customers of gross negligence.
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Disability due to depression – what proof does the disability insurance company need?
What the Higher Regional Court of Saarbrücken ruled on the proof of mental illness in occupational disability insurance: Depression can lead to occupational disability, but the diagnosis alone does not automatically entitle someone to an occupational disability pension. This was confirmed by the Higher Regional Court of Saarbrücken in its judgment of December 10, 2025 (Case No. 5 U 80/24). The decisive factor is how the illness specifically affects the individual's professional duties.
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Registering a claim in the insolvency schedule – Instructions according to § 174 InsO for camping customers
Without registering your claim in the insolvency schedule, you will not participate in the distribution. This article guides you through the process, including timing, procedural research, required information and documents, and the examination date. It explains why registration is mandatory but should never be the sole strategy.
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Applying for disability pension retroactively – when claims are truly time-barred
What the Higher Regional Court of Celle ruled on the commencement of the limitation period for late disability insurance claims: Those who report their disability late do not automatically lose retroactive disability benefits due to the statute of limitations. The Higher Regional Court of Celle clarified in its judgment of January 22, 2026 (Case No. 8 U 65/25) that the limitation period only begins when the claim becomes due. A late application alone does not bring this date forward.
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Disability pension despite new job: Same salary is not enough for a referral.
What the Brandenburg Higher Regional Court has decided regarding specific referrals in disability insurance: Anyone who returns to work after becoming disabled does not automatically lose their entitlement to a disability pension. According to a ruling by the Brandenburg Higher Regional Court on March 11, 2026 (Case No. 11 U 36/25), this even applies if the salary remains the same. The decisive factor is whether the new job is comparable to the previous standard of living…
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Warning message ignored during transfer: Who is liable in case of fraud?
What bank customers should know about recipient verification and its liability consequences: If you dismiss a recipient verification warning in online banking and still authorize the transfer, you generally bear the risk yourself. If the money goes to fraudsters, the bank usually doesn't have to reimburse you. The situation can be different if the verification was faulty or the bank didn't take sufficient precautions…
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Sparkasse phishing email for €106.99 – What those affected should do now
How the alleged refund of account maintenance fees works and what rights you have against your bank: The email about an alleged refund of €106.99 in account maintenance fees does not originate from Sparkasse, but from fraudsters. Anyone who has clicked on the link and entered their data should immediately have their online banking access blocked. Rogert & Ulbrich assists those affected with this…
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Widows' and survivors' pensions – when the insurer alleges a breach of the duty to disclose information
What surviving relatives can do if payment is denied after death due to an allegedly undisclosed pre-existing condition: If, after the death of a relative, the insurer refuses survivor's benefits because a pre-existing condition was allegedly not disclosed when the contract was signed, this accusation is subject to strict conditions and is often contestable. The burden of proof lies with the insurer, deadlines apply, and…
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Limitation of liability in transport law – what is the maximum amount the carrier will pay?
Maximum liability amounts according to the German Commercial Code (HGB), the CMR Convention, and the Montreal Convention, compared across different modes of transport, with calculation examples. The carrier's liability is limited, usually to a fixed amount per kilogram of weight. For light but valuable goods, this often results in a significant gap between the actual damage and the amount compensated. Rogert & Ulbrich calculates your maximum…
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Digital legacy in inheritance law: What happens to online accounts, data and crypto assets after death
What heirs and those planning for their future should know about digital assets: A person's digital assets pass to their heirs upon their death. These include email accounts, social media accounts, cloud storage, online credits, and cryptocurrencies. In practice, however, access often fails due to missing login credentials and providers who deny access. Rogert &…
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BaFin warns against AI investments: What those affected by the Nevald, Rendzyx and Wertoren websites can do now
What investors should know about the current warning, their claims, and next steps: BaFin is currently warning against a number of websites advertising an alleged AI platform for investments. Anyone who has deposited funds there risks losing their entire capital. Rogert & Ulbrich is examining what claims those affected may have and what options they can pursue…
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Plug-in hybrid with insufficient electric range – check your eligibility.
Why the electric range of PHEVs falls short of the advertised figures in everyday use, and when this becomes a defect: Does your plug-in hybrid achieve significantly fewer kilometers on electric power than advertised? With plug-in hybrids, the gap between test bench and real-world driving is particularly wide. Not every deviation constitutes a defect, but under certain conditions, you may have grounds for a claim. This article explains what to look out for…
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Broker's commission in the case of tenants' right of first refusal: Federal Court of Justice (BGH) deliberates on the principle of equal division.
What tenants, apartment buyers, and real estate agents should know before the hearing on November 19, 2026: Do tenants who purchase their apartment through their right of first refusal have to pay the full real estate agent's commission, even though they never hired the agent? The Federal Court of Justice will hear arguments on this matter on November 19, 2026, in two cases (I ZR 116/26 and I ZR 117/26). The Berlin Court of Appeal has…
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Wave of bankruptcies in the camping industry: These suppliers are affected and this applies in each case
Continuously updated overview of the procedures with the respective legal basis for claims by tenants and buyers. The camping industry is experiencing a series of insolvencies affecting both landlords and retailers. For those affected, it is crucial to determine which category their contract falls under, as this dictates against whom the claim is directed. Rogert & Ulbrich categorizes the procedures and…
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Incorrect advice when taking out a pension insurance policy – compensation instead of a contract
What errors in advice justify a claim, how the consultation documentation becomes evidence, and what deadlines apply? Is your pension insurance completely unsuitable for your life situation, and do you feel you received poor advice when you took out the policy? If the advisor has breached their duties, a claim for damages under Section 63 of the German Insurance Contract Act (VVG) may be considered. In that case, you can be put in the position you would have been in had you…
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Freight contract or forwarding contract? The crucial difference for your liability
Who owes what, what the liability looks like in each case, and why the freight forwarder is often liable like a carrier: Whether a freight contract or a forwarding contract exists determines who is liable for what and to what extent. The classification depends not on the label, but on the actual contract concluded. Rogert & Ulbrich classifies your contract…
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Battery warranty – what manufacturers really promise
How capacity guarantees work, how they differ from statutory warranty, and what pitfalls to watch out for. Most manufacturers advertise a warranty on the traction battery, often for eight years. But the commitment is more limited than many realize. This article explains what a battery warranty actually covers, how it differs from statutory warranty, and what to watch out for…
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Motorhome paid for and never received – enforce segregation under Section 47 of the German Insolvency Code (InsO).
Why payment alone doesn't confer ownership and how to check if your vehicle is part of the insolvency estate. The purchase price has been transferred, the motorhome is still at the dealer's, and then comes insolvency. Whether you can demand the vehicle back or are referred to the quota depends on a single question: Have you already become the owner? Rogert…
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VW and Audi recall due to steering system: Your rights as a vehicle owner
What owners of Golf, Tiguan, Touran, Caddy, and Audi Q3 vehicles should know legally: Volkswagen and Audi are recalling approximately 954,000 vehicles in Germany because a screw on the steering gear can corrode, break off, and in the worst case, lead to steering failure. The affected models are the Golf, Golf Variant, Tiguan, Touran, Caddy, and Audi Q3. The lawyers for…
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Glass insurance, bicycle insurance & Co. – the underestimated points of contention
What glass insurance actually covers, what conditions trigger a bicycle theft claim, and where insurers cut corners. Is your ceramic cooktop cracked or your bicycle stolen, and your insurance won't pay? With glass and bicycle damage, details in the fine print often make all the difference. What exactly constitutes glass and what conditions must be met for a bicycle theft claim is frequently the crux of the matter…
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Concealed transport damage – how long do you have to file a claim and what evidence do you need?
The notification deadlines according to the German Commercial Code (HGB) and the CMR Convention, the consequences of missing a notification, and a template for your damage report. Concealed transport damage often only becomes apparent days after delivery when unpacking. At that point, a short deadline for reporting the damage is already running, and missing this deadline significantly weakens your case. Rogert & Ulbrich clarifies your rights to claim damages, ensures compliance with deadlines, and…
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Leased electric car with a defect – your rights vis-à-vis the lessor and manufacturer
How assigned warranty rights work, what you can do about them, and what applies in a return dispute. Does your leased electric car have a defect, such as a problem with its range or battery? Unlike with a purchase, your warranty rights in a lease are usually not directed against the lessor, but against the supplier. This article explains how the assigned rights work, what you need to know about rescission…
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Revocation of motorhome financing – objections against the bank according to §§ 358, 359 BGB
Why the solvent bank handles the reversal of a linked contract, and not the insolvent dealer: If the motorhome dealer is insolvent, rescission and claims for damages against him are futile. However, if the vehicle was financed, there is a second defendant: the bank. In a linked contract, the bank handles the reversal and must accept any objections arising from the purchase agreement.
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Natural hazard insurance – why flooding is not automatically covered
What the basic coverage module actually covers, when a flood is considered to have occurred, and what the planned mandatory insurance means: After a flood, many homeowners face an unpleasant surprise: their building insurance doesn't pay out because basic coverage wasn't included. Floods, inundations, and backflow are only covered by an additional module, not automatically. Rogert & Ulbrich will review your policy…
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Cybertrading fraud – what victims can do now after the airsoft verdict
How fake trading platforms work and what rights investors have: Those who have lost money through an online trading platform have often not failed on the stock market, but have fallen victim to an organized fraud scheme. In the summer of 2026, the Bamberg Regional Court sentenced the former head of the Israeli software provider Airsoft to four years in prison for aiding and abetting fraud. The trial shows:…
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Dutch freight law and CMR – what German importers from Rotterdam and Antwerp should know
Why the chosen court decides on the breach of liability and how to use the German-Dutch interface: For German importers from the Rhine-Ruhr region, the route of goods almost always leads through Rotterdam or Antwerp. In the event of damage, it is often not only the applicable law but also the chosen court that determines the amount of the claim, because the same CMR rule applies…
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Tesla cancellation policy for online purchases – when the cancellation period is extended
How a faulty cancellation policy can extend the cancellation period and why a valid cancellation is often possible without compensation: If you bought your Tesla online, you have a right of cancellation under distance selling regulations. If the cancellation policy was faulty, the cancellation period can be extended from 14 days to up to one year and 14 days. This article shows…
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Chargeback after camper insolvency – using credit card, PayPal and direct debit correctly
Which chargeback method has which deadline, how to justify your claim, and what the registration in the insolvency schedule has to do with it: When a campervan rental company or motorhome dealer becomes insolvent, the payment method often determines whether you get your money back. Chargebacks via direct debit, credit card, and PayPal follow three different sets of rules with three different deadlines. Rogert & Ulbrich explains…
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Profit sharing reduced – what insurers are allowed to do and what they are not.
Why the promised pension often shrinks, which clauses must be transparent, and how large the gap to the forecast can be: Is your pension insurance paying out significantly less than promised at the time of signing? The reason is usually a reduced profit-sharing bonus. While there is a general entitlement to a share of the profits, the amount is not guaranteed, and the forecasts…
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Qualified fault according to Art. 29 CMR – when does the carrier's liability limit fall?
The standard according to Section 435 of the German Commercial Code (HGB), the current Federal Court of Justice (BGH) ruling on the burden of proof, and practical examples from everyday business: In cases of gross negligence, the carrier's liability increases significantly because the CMR liability limit no longer applies. Crucial factors are the strict standard of Section 435 HGB and the burden of proof allocation developed by the Federal Court of Justice. Rogert & Ulbrich examines whether this limit is no longer applicable, and…
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Reduced charging power in electric cars – when slow charging is a deficiency
Why the advertised peak performance isn't always achieved and when a quality agreement exists: Is your electric car charging slower than advertised? Not every deviation is a defect, as the advertised peak performance is only achieved under ideal conditions. However, a defect may exist if the vehicle consistently falls significantly short of the advertised performance or has been subsequently throttled. This article explains…
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Car dealer insolvent – your rights regarding down payment, financing and warranty
What car buyers should know if dealers or manufacturers become insolvent: Your car dealer has filed for bankruptcy, the ordered vehicle hasn't arrived yet, the down payment has been made, or the loan is already underway. Whether you'll see your money again depends primarily on how you paid and whether the vehicle has already been delivered. Have you…
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Package holiday or pure rental agreement – when the insolvency protection certificate according to § 651r BGB saves your money
How to correctly classify your motorhome booking and why this classification determines whether you receive a full refund or a share of the insolvency proceeds. If a campervan rental company or travel provider becomes insolvent, almost everything hinges on one question: Did you book a package holiday or simply rent a motorhome? With a package holiday, an insurer protects your money; with a rental only, only the insolvency administrator is responsible…
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Gross negligence – when the insurer pays out, but reduces the payout.
When is behavior considered gross negligence, how much can the insurer reduce the payout, and who has the burden of proof? Is your insurer accusing you of gross negligence and reducing your benefits? In cases of gross negligence, the insurer is no longer required to reduce the payout to zero, but may only reduce it proportionally, according to the severity of your fault. Whether gross negligence even exists…
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Telex Release and Express Bill of Lading – Risks and legal pitfalls
How fast release without an original bill of lading works and what guarantees sellers and shippers relinquish: Telex Release and Express Bill of Lading accelerate delivery because the goods are released without presentation of an original bill of lading. However, in doing so, sellers and shippers relinquish the security function of the document, often without being aware of the consequences. Rogert &…
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Compensation for use in the case of electric car buyback – how it is calculated
How linear calculation works and why the controversial total mileage for electric cars determines your cash refund: If you return your electric car, you receive a refund of the purchase price, but the kilometers driven must be deducted as compensation for use. The amount of this deduction depends largely on the total mileage assumed. This article explains the calculation using a…
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Reversing a motorhome purchase – an overview of cancellation, withdrawal, and contestation
Which way out of a purchase contract is possible, when, what deadlines apply, and what remains with the insolvent dealer? For many, a motorhome is the second largest purchase after real estate. If the contract is to be reversed, three options are available: withdrawal, cancellation, and rescission. These have different requirements, different deadlines, and, most importantly, different defendants. Rogert…
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Contributory negligence – if the insurer reduces benefits due to pre-existing conditions
Why causality matters first and not every pre-existing condition justifies a reduction: Is your accident insurance reducing your disability benefit due to pre-existing conditions? The so-called contributory negligence factor only allows a reduction under strict conditions. First, it must be established that the accident is indeed the cause of your disability. Only then does the question arise as to whether an illness or infirmity…
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Multimodal transport including sea transport – liability rules according to § 452 HGB explained in practical terms
Network liability and uniform liability, the crucial proof of the place of damage, and typical disputes in door-to-door shipments. When transport involves multiple modes of transport, a single question often determines liability: On which leg of the journey did the damage occur? Section 452 of the German Commercial Code (HGB) and its related provisions govern which law applies, and the amount of liability depends on this. Rogert & Ulbrich clarifies the place of damage and…
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Returning an electric car – cancellation, price reduction or compensation?
What are the options for getting out of an electric car purchase or reducing the price, and when is each one worthwhile? Do you want to return your electric car or demand a partial refund? Depending on the situation, options such as cancellation, price reduction, compensation, revocation, or the "button solution" (return button solution) may be considered. This article organizes the options to help you decide and shows when…
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Motorhome subscription, leasing and hire purchase – what happens to your vehicle if the provider becomes insolvent?
Who owns the vehicle, who can repossess it, and what claims exist besides the insolvency dividend? Your motorhome provider is insolvent, and the vehicle is parked in front of your door. Whether you can keep it depends on whether you have a subscription, a lease, or a hire-purchase agreement. Rogert & Ulbrich will review your contract documents, clarify the ownership situation, and…
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Understanding the scale of compensation for bodily injuries – the dispute over the degree of disability after an accident
How the scale of compensation for bodily injury works and how the insurer reduces the degree of disability based on partial function, pre-existing disability, prior injuries, and expert opinions. Are you disputing the amount of disability benefits with your accident insurance company after an accident? The degree of disability is crucial, and this is usually determined by the so-called scale of compensation for bodily injury. Disputes primarily revolve around partial functional impairment, pre-existing disability, and prior injuries…
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Major Average and General Average – when sea voyages suddenly become expensive
Contribution obligations of the recipient, security deposits, the York-Antwerp Rules, and the role of transport insurance: If a ship is rescued from a common peril, all parties involved must share the resulting costs proportionally, including the recipient of the goods. Attacks in the Red Sea and diversions around the Cape of Good Hope are causing such general average incidents to become more frequent again. Rogert & Ulbrich examines…
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Range loss in winter for electric cars – normal effect or real defect?
How to distinguish between weather-related range reductions and a technical defect, and how to refute the dealer's most common objection: In winter, the range of every electric car decreases; this is normal and usually not a defect. The situation is different if the reduction is permanent or persists even in milder temperatures. This article shows you how to differentiate between the two and when…
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Camping provider insolvent – how to protect your money already paid
What renters, buyers, and vacationers can do legally after a motorhome provider goes bankrupt: The camper is booked, the full price has been paid, and then the provider files for bankruptcy. Whether you get your money back depends primarily on how you booked and paid. Those who act quickly can often avoid the insolvency quota.
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Settlement offer from the disability insurer – when is a comparison worthwhile, when is it not?
How insurers calculate the sum, which clauses in the comparison text are dangerous, and what you can lose beyond the pension: Is your disability insurer offering you a one-time settlement instead of the ongoing pension? Such a settlement can be sensible, but almost always means completely waiving future claims. Whether this is worthwhile depends on…
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Container damage at sea: Who is liable for saltwater damage, falls and other damage?
Carrier liability, maximum liability amounts, damage notification and evidence in cases of concealed damage in sea transport. If goods in a container are damaged by saltwater, falls, or breakage, the question of liability immediately arises. The carrier is generally liable according to § 498 of the German Commercial Code (HGB), but can be exonerated in certain cases, and the amount of liability is limited. Rogert & Ulbrich…
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WLTP range versus real-world range – what counts in court
Why the WLTP value is the decisive benchmark and blanket references to driving style or weather are insufficient: Your electric car achieves fewer kilometers in everyday use than advertised, and the dealer blames your driving style? Legally, it's not a single everyday trip that counts, but the comparison with the advertised WLTP value under the same test conditions. This article explains the standard of proof in cases of range discrepancies…
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Surrender value too low – Termination, revocation and rescission of the pension insurance
Why cancellation often wastes money and when a revocation with reversal is significantly more advantageous. You want to terminate your pension insurance, but the offered surrender value is far below the contributions paid in? Cancellation is rarely the only option and often not the best one. In many cases, a revocation followed by a reversal is more financially beneficial. Rogert &…
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Bill of Lading: Rights, obligations and typical pitfalls for shippers
Evidentiary, blocking, and traditional function; original and electronic bills of lading; and the risks of handover in maritime freight. The bill of lading is the central document in maritime freight and far more than a confirmation of receipt. It serves as proof, a blocking document, and a document of traditional title that embodies the goods. Understanding its functions secures your goods and your payment. Rogert &…
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Private pension insurance – payout, reduction and disputes with the insurer
Why the actual pension is often lower than expected and what rights you have against the insurer. Is your private pension insurance paying out less than expected, or are you disputing the surrender value? With hardly any other product are the expected and actual benefits so far apart. Disputes arise primarily regarding profit sharing, the pension factor, the surrender value, and…
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AI security incident: Who is liable for autonomous AI attacks?
What companies need to know legally after the OpenAI and Anthropic incidents: An AI model leaves its test environment, enters the open internet, and penetrates the production systems of other companies. What sounds like a research scenario became reality twice in July 2026. For the affected organizations, practical questions immediately arise: Who…
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AI labeling requirement 2026: This is what now applies in the EU
An overview of the new transparency obligations under the AI Regulation: Since August 2, 2026, new transparency obligations for the use of artificial intelligence have been in effect in the European Union. Anyone operating a chatbot, publishing synthetic images, or distributing deepfakes must disclose the use of AI under certain conditions. In the public debate, this quickly leads to the conclusion that all AI content is…
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Detention fees for late container returns – how to defend yourself against claims from shipping companies
Burden of proof, flat-rate claims, and objections under tort law regarding the return of empty containers: If a container is returned late, shipping companies demand detention fees that can quickly amount to substantial sums. These demands are often flat-rate, poorly substantiated, or based on delays beyond your control. Rogert & Ulbrich examines the evidence and the clause and defends against excessive detention claims. Detention in…
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Tesla with insufficient range or throttled battery – your rights as a buyer
Range issues, subsequent software throttling, and a noticeable increase in defects: what Tesla drivers should know. Is your Tesla not reaching its advertised range or has it been throttled via an update? In such cases, a material defect may exist, giving rise to claims against the dealer and manufacturer. This article shows which typical Tesla problems are legally relevant and how you can enforce your rights. An overview of typical Tesla problems…
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Home contents insurance after a burglary – underinsurance, burden of proof and vandalism
Why proof of burglary, the list of stolen items, and hidden clauses determine your compensation. After a burglary, does your home contents insurance reduce or deny coverage? Disputes almost always arise over the same issues: proof of burglary, the list of stolen items, underinsurance, limits on valuables, and allegations of gross negligence. Rogert & Ulbrich review…
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Demurrage and detention passed on by the freight forwarder – when do you, as the shipper, have to pay?
Reimbursement of Expenses, German Freight Forwarders' Standard Terms and Conditions (ADSp) and German Commercial Code (HGB) at the Interface Between Shipper, Freight Forwarder, and Shipping Company: Often, the demurrage claim does not reach the shipper directly from the shipping company, but rather as a charge passed on by the freight forwarder. Whether this invoice is justified depends on the legal basis for the claim and who is responsible for the delay. Rogert & Ulbrich reviews the chargeback and implements your objections and…
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Software update reduces the range of electric cars – what rights do you have?
What happens if the manufacturer subsequently reduces the performance of your electric car via an update? After a software update, does your electric car suddenly have a shorter range or charge more slowly? A subsequent reduction in performance without your consent can constitute a defect and trigger claims for rectification, price reduction, or damages. This article explains the legal implications. If the update reduces the performance…
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Worthless fake tokens instead of real payouts: When „USDT“ is not USDT
Scammers exploit the fact that on blockchains like Ethereum, BNB Chain, Tron, or Solana, anyone can create their own token in minutes, with a freely chosen name, tag, and logo. There is no requirement for uniqueness. They create a token called "USDT" or "Tether USD" and send it to the victim's wallet. In the wallet…
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Demurrage in Hamburg, Bremerhaven and Wilhelmshaven – port-specific regulations
A comparison of HHLA, Eurogate, and JadeWeserPort, as well as typical points of contention during congestion and strikes in the German North Sea ports: Demurrage and storage fee claims are subject to different rules in Hamburg, Bremerhaven, and Wilhelmshaven because different terminal operators and shipping companies are involved. Congestion and strikes, in particular, cause delays that importers cannot control, but for which they are expected to pay.
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Electric car battery shortage and premature degradation – what are your rights?
When battery wear constitutes a defect, how to prove it, and what rights you have against dealers and manufacturers: If your electric car's battery loses capacity unusually quickly, this may constitute a defect that gives rise to claims against dealers and manufacturers. The crucial point is distinguishing between normal aging and a genuine defect. This article explains when claims are valid…
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Crypto money laundering: What the Interpol strike means for victims
5,811 arrests, 97 participating countries, $293 million in frozen assets: The results of Operation First Light 2026 sound like a breakthrough in the fight against crypto money laundering. However, for victims, a very practical question arises: Will they get their money back because Interpol has frozen wallets? The answer is more sobering than the headlines suggest, and precisely…
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Phishing in online banking: When the bank is liable
A text message from your bank, followed shortly by a call from someone claiming to be their security team, and just minutes later, several thousand euros are missing from your account. Online banking fraud is now one of the most common crimes on the internet. For victims, a crucial question immediately arises: Is the bank obligated to reimburse the amount, or are they left with the loss? The…
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Intervertebral disc, shoulder, knee – the dispute over causality after the accident
Why accident insurance companies argue that pre-existing conditions are the cause of these injuries, and how you can prove the connection to the accident. Is your accident insurance company refusing to pay out because a herniated disc, shoulder, or knee injury is allegedly due to pre-existing conditions or wear and tear? Insurers frequently dispute the connection to the accident in precisely these types of injuries. The crucial factor is properly proving causality…
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Statute of limitations in transport law – an overview of the most important deadlines according to the German Commercial Code (HGB) and the CMR Convention.
Standard deadlines, commencement of deadlines, suspension, and the extended deadline in cases of gross negligence – the deadline checklist for practical application. In transport law, significantly shorter limitation periods apply than in other areas of commercial law. Those who miss the one-year deadline under Section 439 of the German Commercial Code (HGB) or Article 32 of the CMR Convention often lose their claim entirely. Rogert & Ulbrich reviews your deadlines and secures your claims in a timely manner, before…
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Range deviation in electric cars – when does this constitute a defect?
What the 10 percent rule of thumb in case law means for electric cars and how the thresholds apply in individual cases: At what deviation does the range of an electric car constitute a defect? Any deviation beyond normal measurement tolerances can constitute a defect, but for rescission of the contract, a threshold of more than ten percent serves as a guideline. This article explains the relevant…
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The 15-month period in accident insurance – exclusion despite objective disability
How the deadline works, what the medical assessment actually requires, and which exceptions the courts recognize: Is your accident insurance rejecting your disability benefit due to a missed deadline? Many policies require that the disability be medically assessed and claimed within 15 months of the accident. If this deadline is missed, the claim may be forfeited, even…
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DSLV/VHSp Guidelines 2025 on Demurrage and Detention – the most important points for freight forwarders
Legal Assessment of the Recommendations, Gaps, and Practical Significance for Contract Drafting in Container Transport: In September 2025, the German Freight Forwarding and Logistics Association (DSLV) and the Hamburg Freight Forwarders Association published a guideline on demurrage and detention. For the first time, it offers freight forwarders structured guidance – but emphasizes that it does not replace individual consultation. Rogert & Ulbrich…
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Wuppertal Regional Court on the insufficient range of electric cars – the ruling explained in an easy-to-understand way
What the Regional Court's decision means for electric car buyers and where its limits lie: The Wuppertal Regional Court has ruled that an electric car that falls short of its advertised WLTP range by approximately 18 percent has a significant defect and can be returned. What the ruling says in detail, why it is important beyond this specific case, and…
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Crypto wallet emptied by USB malware – your legal options
What crypto investors can do legally after a theft by Clipper malware: Disguised malware on a USB stick can secretly change the recipient's address when sending cryptocurrency. The funds then end up in the perpetrator's hands without you noticing. Those who have been robbed in this way do have legal options. Rogert & Ulbrich is examining whether the damage…
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Free days at the major shipping companies: Maersk, MSC, Hapag-Lloyd, CMA CGM, ONE and Cosco compared
Free days for demurrage and detention per shipping company and port – guidance for importers and freight forwarders. Free days determine when demurrage and detention charges actually apply. Knowing the free days of the major shipping companies and their variations from port to port allows you to manage pickups and returns so that demurrage charges are avoided altogether. This overview shows the typical…
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Reversal of electric car purchase due to insufficient range – your rights as a buyer
What buyers need to know if their electric car significantly falls short of the promised range: Does your electric car achieve significantly fewer kilometers in everyday use than advertised? If the actual range falls considerably short of the stated value, this may constitute a defect that entitles you to rescind the purchase. Rogert & Ulbrich will review your case and pursue a refund, price reduction, or claim damages from the dealer…
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Containers detained in customs port – who bears the demurrage during inspection and seizure?
Risk allocation between shipper, freight forwarder, and shipping company in the event of customs-related delays in container transport: If a container is held by customs for inspection or seized, the shipping company's demurrage often continues unabated – even though the consignee is not authorized to collect the container. Who ultimately bears these costs depends on the cause of the delay and the contractual risk allocation…
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Shipping companies' terms and conditions regarding demurrage – when are demurrage claims invalid?
What importers and freight forwarders need to know about the review of terms and conditions of carriage: A demurrage claim by the shipping company is not valid simply because it is based on the terms and conditions of carriage. These terms and conditions are general terms and conditions and, insofar as German law applies, are subject to the review of general terms and conditions pursuant to Sections 305 et seq. of the German Civil Code (BGB). Rogert & Ulbrich examines whether the underlying clause is even valid…
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Demurrage and Detention in Container Transport – The Complete Guide for Importers and Freight Forwarders
What companies handling container traffic via Antwerp, Rotterdam, and Hamburg need to know about demurrage, waiting time charges, and their defense options: Demurrage and detention demands often catch importers and freight forwarders off guard and quickly reach five-figure sums. Demurrage is the waiting time charge for containers that remain in port too long; detention is the fee for the late return of the container. Rogert & Ulbrich…
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SMS blasters from cars: How scammers steal your banking details
How to protect your claims against the bank and perpetrators after receiving a fake text message: An inconspicuous sedan drives through the city center – in the trunk, a device the size of a shoebox whires. As the car circles the area, passersby's smartphones vibrate in their pockets, alerted by an alleged payment reminder or an outstanding parking ticket…
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Crypto fraud – Getting your money back: What victims need to know now
What scams exist, what legal steps are possible, and why every week counts: Cryptocurrencies are in the media daily – and scammers are exploiting this interest. Those who have fallen victim to a fake trading platform or a romance scam often believe their money is irretrievably lost. This isn't always the case. Whether and…
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Pig Butchering Fraud – US Authorities Seize $61 Million in USDT
Anyone who receives an unexpected investment opportunity online should be cautious: Pig butchering is one of the fastest-growing scams in the digital sphere. In February 2026, US authorities, together with the crypto company Tether, seized nearly $61 million in USDT – funds originating from an internationally operating pig butchering organization. Rogert & Ulbrich advise victims whose funds…
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BaFin warning: blue-invest.org – What victims of crypto fraud can do now
In February 2026, the German Federal Financial Supervisory Authority (BaFin) issued an official warning regarding the platform blue-invest.org and its operator, Blue Investment Partners LTD. The operators are offering banking and financial services in Germany without the legally required authorization. Anyone who has deposited money on blue-invest.org and has not received a payout should investigate their legal situation.
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Lawyers for Recovery Scams – When Crypto Fraud Victims Are Harmed a Second Time
Recovery scams are secondary frauds in which perpetrators specifically target individuals who have already lost money through investment or cryptocurrency fraud. Under the promise of recovering the lost funds, they fraudulently obtain further payments. What is a recovery scam after cryptocurrency fraud? A recovery scam – also known as a refund scam or recovery fraud – refers to fraudulent activities that are structurally based on…
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Recovery Scam Astra Veritas – How to protect yourself from the second scam
Those who have suffered financial losses through crypto fraud or fraudulent trading platforms are increasingly confronted with another threat: so-called recovery scams. In these scams, companies approach victims with the targeted promise of recovering lost funds – in exchange for upfront payment. In this context, there are increasing reports of contact being made under the name Astra Veritas (astra-legalberatung.com). The following article explains…
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Action plan against organized crime: Federal government tightens its approach
The German government intends to significantly intensify the fight against organized crime. With a new action plan, the Federal Ministry of Finance, the Federal Ministry of the Interior, and the Federal Ministry of Justice are focusing on increased networking, additional personnel, and modern technology. The goal is not only to prosecute criminal structures but also to systematically deprive them of their economic foundation. The focus is on money…
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„movie2k“ trial in Leipzig: What will happen to Saxony’s Bitcoin billions?
One of the most significant white-collar crime trials in recent years has begun at the Leipzig Regional Court. At its heart is the former streaming portal movie2k – and a Bitcoin fortune worth billions. Specifically, the Free State of Saxony is at stake with approximately €2.64 billion, derived from the sale of seized Bitcoins. The highly sensitive legal and political question is: Is the state allowed to…
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CAPITALIKO (capitaliko.com) – Information on potential risks in online trading
The platform CAPITALIKO operates under the domain capitaliko.com as a provider of online trading and digital investments. According to currently available information, several irregularities exist in connection with this offering, which, from a legal perspective, could constitute an increased risk for investors. Particularly in the area of unregulated online trading platforms, situations repeatedly arise where…
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Is your plug-in hybrid consuming significantly more fuel than promised? Here's what you can do.
Official manufacturer specifications and actual fuel consumption often differ significantly for many plug-in hybrids. This can be not only financially disadvantageous for buyers and lessees – it may also give rise to legal claims, such as rescission of the contract, price reduction, or compensation for damages. Attorney Marco Rogert explains under what conditions a return is possible and what steps those affected should now consider.
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Berg Fin and Berg Finance (bergfin.digital, berg-fin.cc, bergfin.xyz) – suspected of crypto and trading fraud
Reports of missing payouts and significant financial losses are mounting in connection with Berg Fin and Berg Finance (bergfin.digital, berg-fin.cc, bergfin.xyz). Investors are increasingly questioning whether these platforms are reputable providers or potentially fraudulent trading schemes. While online cryptocurrency trading offers attractive opportunities, it also carries considerable risks…
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Cryptocurrencies frozen: How stablecoin providers like Tether and Circle can help victims of fraud
The shock of a crypto scam is profound. It often seems as if the invested capital is irretrievably lost once it falls into the hands of fraudsters on a decentralized blockchain. The common belief that cryptocurrencies like Bitcoin or Ethereum are unassailable and unrecoverable contributes to this feeling of powerlessness. But there is a…
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Beware of fake law firms on the internet
Anyone searching for legal support online is often in an already stressful situation. It frequently involves financial losses, suspected fraud, or an urgent need for legal assistance. So-called fake law firms deliberately exploit this situation. They operate with professionally designed websites, use legal-sounding terminology, and create the impression…
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Sigmax-Trading.com – Warning about potential crypto fraud
The cryptocurrency market has been growing steadily for years and is increasingly attracting private investors. However, at the same time, a rising number of dubious online trading platforms have emerged. One such platform is Sigmax-Trading.com. A closer analysis raises serious doubts about the legitimacy of this offering. Several irregularities suggest that investors here face significant financial risks…
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AI labeling requirement from August 2, 2026: New transparency obligations for companies
From August 2, 2026, new labeling requirements for AI-generated content will apply across Europe. Companies, agencies, and other providers that use artificial intelligence to create or manipulate text, images, videos, or audio content and distribute it publicly will be required to clearly and unambiguously indicate this. The aim of the regulation is to protect consumers from AI content containing…
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Evidence in crypto fraud cases: Which documents are crucial for filing a criminal complaint and claiming a refund?
Cryptocurrencies have rapidly become a significant component of private and corporate wealth structures. Simultaneously, the number of professionally organized fraud cases is increasing. These often involve not just isolated acts of deception, but complex schemes comprised of fake trading platforms, social engineering, bogus support, and international payment processing. In practice, mere suspicion of…