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Commercial

Germany

Legal advice on purchasing, production and distribution

Purchasing, production and distribution – in short, our clients’ operational activities – are at the centre of the advice we provide.

With more than 50 specialist lawyers, our Commercial team is one of the largest and most experienced practices in Germany. National and international clients benefit from our in-depth industry knowledge and comprehensive legal expertise.

We closely monitor the increasingly globalised markets, together with the opportunities and challenges they present. To do this, we deploy international teams of experts within the worldwide CMS organisation and in particular the CMS Commercial Practice Area Group.

Our long-standing clients include industrial and trading companies from all major sectors of the national and international business world. From the automotive industry to central purchasing organisations, we act on behalf of our clients across all key areas of production and trade.

Up-to-date advice at all times

We are committed to staying abreast of the latest trends and changing conditions. As such, we proactively develop new advisory products for legal areas such as compliance and EU sales law, and for emerging segments such as digital business and e-mobility.

We go beyond the norm

In addition to providing ongoing legal advice as an outsourced legal department and representing our clients in lawsuits, we also offer specialised services, such as customised contract and claim management.

Training courses and practical seminars on legal aspects of purchasing, production and distribution round off our legal advice. These services include tailored inhouse seminars, our Update on Procurement and Distribution roadshow, information events, circulars, brochures and newsletters as well as practical tips.

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    Distribution and Franchising

    Distribution and franchising issues are central to the advice provided by our Commercial team. CMS Germany advises companies engaged in production and trade on all relevant legal matters and aspects. Our lawyers also have in-depth knowledge in all the related and overlapping areas of law, such as antitrust law, competition law, trademarks/intellectual property and data protection.

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    Production and Product Liability

    We offer wide-ranging advice on legal matters relating to production and product liability, extending from product and manufacturer's liability through cooperation agreements (including contract manufacturing agreements) to product alerts and recalls.

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    Purchasing and Procurement

    Purchasing and procurement are becoming increasingly important functions in many organisations both nationally and internationally due to the globalisation of markets. Our advice on purchasing and procurement issues combines precise knowledge of each country-specific jurisdiction with in-depth industry expertise.

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    War­ranties in Sup­ply Con­tracts
    05/07/2016
    CMS launches e-guide on the Battle of Forms
    06/08/2015
    CMS Com­mer­cial Guide: Dis­tri­bu­tion and Agency Agree­ments

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    01/12/2016
    BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
    The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
    09/11/2016
    The pro­tec­tion of cross-bor­der in­vest­ments un­der the Canada-EU trade...
    Fol­low­ing ne­go­ti­ations first launched in May 2009, the Com­pre­hens­ive Eco­nom­ic and Trade Agree­ment (“CETA”) was signed by Canada and the EU on 30 Oc­to­ber 2016. CETA is a free trade agree­ment, which is sub­ject to rat­i­fic­a­tion by each EU mem­ber state and to the.
    07/07/2016
    CMS e-guide: Battle of forms
    Our CMS Com­mer­cial team has put to­geth­er a guide on the battle of forms, which com­pares the leg­al par­tic­u­lar­it­ies re­lated to Ts&Cs in 23 jur­is­dic­tions around the world. The guide fo­cuses on B2B con­tracts.
    07/07/2016
    CMS e-guide: Battle of forms
    Our CMS Com­mer­cial team has put to­geth­er a guide on the battle of forms, which com­pares the leg­al par­tic­u­lar­it­ies re­lated to Ts&Cs in 23 jur­is­dic­tions around the world. The guide fo­cuses on B2B con­tracts.