We are proud to present our international CMS Guide to Consequential Loss in the Energy Sector.
It is one of the most widely read CMS guides on our website. It covers 36 jurisdictions from all over the world.
To make the guide’s complex topic comprehensible, it deals with the following five questions:
1. Does the term "consequential loss" have any legal meaning?
2. Is the term "consequential loss" used in contractual exclusion clauses?
3. If so, what is the meaning of the term "consequential loss" in contractual exclusion clauses?
4. What will the legal assessment be if a clause lists other losses/damages in addition to "consequential loss"?
5. Do exclusion clauses based on the concept of "consequential loss" have an impact on non-loss related claims?
The first question already demonstrates the problems related to this topic in Austria: Austrian law does not explicitly recognise the term "consequential loss". Austrian law uses a similar concept, namely that of "Folgeschäden" to describe damage which is not a direct result of the harmful act and which only arises indirectly from an infringement. Take a look at the Austrian part of the CMS Guide today for more detailed information.
If we have piqued your interest, we are happy to prepare a presentation tailored to your specific interests to give you a better insight into our findings.
