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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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    Tom Heremans
    25/06/2018
    The risks of re­selling tick­ets
    14/06/2018
    In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
    In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
    20/06/2018
    Loot boxes – a treas­ure trove of gambling reg­u­lat­ory...
    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.
    June 2018
    On­line Stress Test
    Test your know-how pro­tec­tion
    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.
    08/05/2018
    Green­field In­vest­ments in CEE 2018
    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.