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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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    Dr. Markus Kaulartz
    January 2019
    The ten­sion between GDPR and the rise of block­chain...
    22/02/2019
    An up­date on mech­an­ics of UK cor­res­pond­ing rights for EUTM re­gis­tra­tions
    As we edge closer to Brexit day, cur­rently due to take place on 29 March 2019, we have re­cently ob­tained ad­di­tion­al in­form­a­tion about post-Brexit ar­range­ments for own­ers of EUTM ap­plic­a­tions and re­gis­tra­tions.
    25/06/2018
    The risks of re­selling tick­ets
    20/02/2019
    European Par­lia­ment backs EU wide frame­work for screen­ing for­eign...
    On 14 Feb­ru­ary 2019, the European Par­lia­ment voted to en­dorse the first ever EU-wide tool for screen­ing for­eign dir­ect in­vest­ment (FDI) on the grounds of se­cur­ity and pub­lic or­der. The vote brings the EU one step closer to put­ting in place a frame­work al­low­ing.
    Rogier de Vrey
    20/06/2018
    Loot boxes – a treas­ure trove of gambling reg­u­lat­ory...
    18/02/2019
    CJEU Ad­voc­ate Gen­er­al ap­proves In­vest­ment Court Sys­tem in EU-Canada...
    On 29 Janu­ary 2019, Ad­voc­ate Gen­er­al Yves Bot of the EU Court of Justice (CJEU) pub­lished his opin­ion that the in­vestor-state dis­pute set­tle­ment mech­an­ism of the EU-Canada Com­pre­hens­ive Eco­nom­ic and Trade Agree­ment (CETA) is com­pat­ible with EU law.
    June 2018
    On­line Stress Test
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    13/02/2019
    Dot eu do­main names in a no deal Brexit - What's the plan?
    In­tro­duc­tion EUR­id is the private, in­de­pend­ent, not for profit or­gan­isa­tion that has op­er­ated the. eu TLD since 2003. Last year EUR­id re­por­ted the EU Com­mis­sion’s No­tice to Stake­hold­ers which an­nounced that in the event of a no deal Brexit, UK in­di­vidu­als and.
    08/05/2018
    Green­field In­vest­ments in CEE 2018
    17/12/2018
    New Dutch court for in­ter­na­tion­al com­mer­cial dis­putes to be­gin work...
    The Neth­er­lands Com­mer­cial Court (NCC), the new Dutch court slated to handle in­ter­na­tion­al com­mer­cial dis­putes in the Eng­lish-lan­guage, is now set to start its activ­it­ies and is ex­pect­ing its first cases in early 2019.
    22/11/2018
    New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
    Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
    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.