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Commercial Law

Belgium

As a business operating in today’s increasingly regulated markets, you need to manage your commercial risk while achieving your business objectives. Your success is built upon the effectiveness of your relationships with both customers and suppliers. Sector-specific contractual arrangements are key to this. Not only do you need the right legal answer, you need it in the context of the market in which you operate. With over 350 lawyers across 33 countries, our multi-disciplinary teams are trained to understand the cultural and business variations impacting your commercial arrangements.

We organise our teams around sectors and industries relevant to you, including financial services, manufacturing, automotive, consumer products, energy, hotels and leisure, infrastructure and projects, lifesciences, supply and logistics, real estate and construction, technology, telecoms, media and sports. Our webinar and knowledge services also ensure that you are fully up to speed on all legal and regulatory developments.

Whether you require advice on commercial contracts, supply services, e-commerce, IT or telecoms agreements, data protection, design and manufacturing, advertising, sponsorship and marketing, consumer sales, software licensing, outsourcing or sales, agency, distribution and franchise agreements, our specialists can guide you towards the best business outcome for you.

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05/07/2016
CMS launches e-guide on the Battle of Forms
05/08/2015
CMS Com­mer­cial Guide: Dis­tri­bu­tion and Agency Agree­ments
05/08/2015
CMS Com­mer­cial Law Group: an over­view

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Elle Todd
April 2018
Data Law Nav­ig­at­or | Over­view
In­form­a­tion on Data Pro­tec­tion and Cy­ber Se­cur­ity laws...
16/04/2018
Ger­man court rules no lux­ury goods in food re­tail out­lets
On 6 April 2018, the Düs­sel­dorf High­er Re­gion­al Court ruled that the food re­tail­er real, whose par­ent com­pany is Ger­many’s Metro AG, may not sell lux­ury cos­met­ics made by Japa-nese man­u­fac­turer Kanebo in its food re­tail stores, and that the man­u­fac­turer can.
13/04/2018
The Acon­cagua Bay – “al­ways ac­cess­ible”
On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
29/03/2018
Study on Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
At first glance, it is hard to be­lieve and to un­der­stand the claim of en­thu­si­asts that Block­chain tech­no­logy is sup­posed to be com­par­able with the spread of the in­ter­net in the 90s.   It would there­fore be a con­sequence of the tech­nic­al, even dis­rupt­ive in­nov­a­tions.
09/03/2018
CJEU rules against ar­bit­ra­tion clauses in In­tra-EU Bi­lat­er­al In­vest­ment...
On 6 March 2018, the Court of Justice of the European Uni­on (CJEU) ruled that Art­icles 267 and 344 of the Treaty on the Func­tion­ing of the European Uni­on (TFEU) must be in­ter­preted as pre­clud­ing ar­bit­ra­tion pro­vi­sions in bi­lat­er­al in­vest­ment treat­ies between.
13/02/2018
The rise of the new lux­ury eco­nomy
Travel has al­ways played host to dra­mat­ic and of­ten dis­rupt­ive changes. At CMS’s an­nu­al tech­no­logy con­fer­ence, In­nov­ate to Sur­vive, onefinestay’s CEO, Javi­er Ce­dillo-Es­pin de­livered a key­note, sum­mar­ised in this art­icle.
02/02/2018
IBM Wat­son at work
There may be much hype around ar­ti­fi­cial in­tel­li­gence but IBM has been demon­strat­ing the busi­ness po­ten­tial of ma­chine learn­ing through its Wat­son ana­lyt­ics plat­form since 2011. Wat­son came about after one of IBM’s re­search teams were at the pub watch­ing.
25/01/2018
European Com­mis­sion as­sesses ad­equacy of Gen­er­al Food Law in food...
In an eval­u­ation of the EU le­gis­lat­ive frame­work for the 2002 Gen­er­al Food Law Reg­u­la­tion (GFLR), the European Com­mis­sion has found that this frame­work ap­pears to ad­dress most cur­rent trends, such as growth, com­pet­it­ive­ness and in­creased glob­al­isa­tion, but.
15/01/2018
Neth­er­lands to be­come a new hub for in­ter­na­tion­al com­mer­cial dis­pute...
Re­cent years has seen a down­ward trend in in­ter­na­tion­al trade and com­mer­cial cases brought be­fore Dutch courts. But with the Dutch par­lia­ment sched­uled to de­bate a bill for the es­tab­lish­ment of the Neth­er­lands Com­mer­cial Court (NCC), in­ter­na­tion­al com­mer­cial.
11/01/2018
Bare­con 2017 - Ringing in the Changes
BIMCO re­cently pub­lished an up­dated ver­sion of their widely-used BARE­CON 2001. Whilst it largely fol­lows the same format, BARE­CON 2017 takes ac­count of a num­ber of leg­al and com­mer­cial changes and has been de­scribed by BIMCO as “a new lean­er ver­sion” which.
03/01/2018
From 1 Janu­ary 2018 large ships must mon­it­or and re­port CO2 emis­sions
As of 1 Janu­ary 2018, sub­ject to a few ex­clu­sions, ships over 5000 gross ton­nage (“Rel­ev­ant Ships”) be­came sub­ject to mon­it­or­ing and re­port­ing re­quire­ments on car­bon di­ox­ide emis­sions (CO2), fuel con­sump­tion and cargo car­ried with­in all ports un­der the jur­is­dic­tion.
19/12/2017
Oil & Gas Ship­ping: a Venezuelan de­ten­tion
In ST Ship­ping and Trans­port PTE Ltd v Space Ship­ping Ltd [2017] EWHC 2808 (Comm) the Com­mer­cial Court re­jec­ted an ar­bit­ra­tion ap­peal that sought to ar­gue that the ac­tions of the Venezuelan courts, in openly not fol­low­ing Venezuelan law, broke the chain of.
14/12/2017
Oil & Gas: Off-spec de­liv­er­ies – up­hold­ing the con­trac­tu­al mech­an­ism
In Trafigura Be­heer BV v Ren­brandt Ltd (2017) EWHC 3100 (Comm) the Com­mer­cial Court provided some winter com­fort to pur­chasers and sellers that are seek­ing to rely on con­clus­ive evid­ence clauses as to qual­ity.
07/12/2017
CJEU strengthens sup­pli­ers of lux­ury goods – their third-party plat­form...
In a land­mark judg­ment of 6 Decem­ber 2017 (C-230/16 – Coty Ger­many), the Court of Justice of the European Uni­on (CJEU) has put a pre­lim­in­ary end to the dis­cus­sions on an­ti­trust is­sues con­cern­ing third-party plat­form bans for lux­ury goods - es­sen­tially provid­ing.
30/10/2017
What next for in­ter­na­tion­al data trans­fers?
Sum­mary The Ir­ish High Court has made a pre­lim­in­ary ref­er­ence to the Court of Justice of the European Uni­on (the “CJEU”), ask­ing wheth­er stand­ard data pro­tec­tion clauses (“stand­ard clauses”) are com­pat­ible with the leg­al rights of data sub­jects un­der EU law.
14/08/2017
Ad­voc­ate-Gen­er­al sub­mits opin­ion sup­port­ing on­line sales re­stric­tions
Ad­voc­ate-Gen­er­al (AG) Wahl sub­mit­ted a non-bind­ing opin­ion to the European Court of Justice (ECJ) that lux­ury brand sup­pli­ers should have the right to choose who sells their products and how their products are sold in or­der to pro­tect their im­age and ex­clus­iv­ity.
04/07/2017
The New Fla­menco – Su­preme Court al­lows own­ers’ ap­peal
The Su­preme Court, on 28 June 2017, found in fa­vour of the own­ers in the long-awaited “New Fla­menco” judg­ment - Glob­alia Busi­ness Travel S. A. U. (formerly Travel­Plan S. A. U. ) of Spain v Fulton Ship­ping Inc of Panama.
03/07/2017
CJEU rules Hun­gari­an gambling li­cens­ing re­gime in­com­pat­ible with EU...
The Court of Justice for the European Uni­on (CJEU) has ruled that Hun­gary’s li­cens­ing frame­work for on­line gambling placed overly re­strict­ive and un­fair con­di­tions on op­er­at­ors from oth­er European Uni­on coun­tries look­ing to enter the mar­ket.