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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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    Iain Batty
    22 August 2017
    Green­field In­vest­ments in CEE 2017
    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.
    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.
    27/06/2017
    Im­ports of or­gan­ic products now sub­ject to EU elec­tron­ic cer­ti­fic­a­tion...
    From 19 Oc­to­ber 2017, use of the elec­tron­ic Trade Con­trol and Ex­pert Sys­tem (“TRACES”) will be­come man­dat­ory for all im­port­ers of or­gan­ic products from out­side of the EU. Or­gan­ic im­ports may only be placed on the European Single Mar­ket if they are covered by.