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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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    Corona Quick Check Ver­träge
    (in Ger­man)
    July 2020
    Busi­ness ad­visors de­liv­er­ing smart solu­tions
    Com­mer­cial law reaches in­to all sec­tors. It is at the core of every busi­ness. Today’s in­creas­ingly reg­u­lated mar­kets de­mand that op­er­at­ors man­age com­mer­cial risk as they work to­wards their busi­ness ob­ject­ives. Suc­cess de­pends on fruit­ful re­la­tion­ship

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    22/09/2020
    CMS ad­vises NORD Hold­ing on ac­quis­i­tion of com­pressor man­u­fac­turer Bock
    NORD Hold­ing has ac­quired all the shares in the Bock Group. An in­ter­na­tion­al CMS team headed by lead part­ner Klaus Jäger ad­vised NORD Hold­ing on all leg­al as...
    22 July 2020
    CMS Ex­pert Guide to e-sig­na­tures in com­mer­cial con­tracts
    This CMS Ex­pert Guide fo­cuses on com­mer­cial con­tracts where elec­tron­ic sig­na­tures are used. It in­cludes an over­view that com­pares the dif­fer­ent leg­al situ­ations and uses of e-sig­na­tures across each of the in­ter­na­tion­al jur­is­dic­tions.
    15 September 2020
    European Com­mis­sion pub­lishes Staff Work­ing Doc­u­ment on Ver­tic­al Block...
    The Staff Work­ing Doc­u­ment (SWD 2020 173 fi­nal) is the next step on the road to an up­dated VBER and cor­res­pond­ing guidelines. With the cur­rent VBER due to ex­pire on 31 May 2022, the Staff Work­ing Doc­u­ment...
    July 2020
    Busi­ness ad­visors de­liv­er­ing smart solu­tions
    Com­mer­cial law reaches in­to all sec­tors. It is at the core of every busi­ness. Our mul­tidiscip­lin­ary teams un­der­stand the cul­tur­al and busi­ness factors...
    02 June 2020
    CMS Ex­pert Guide to pay­ment term le­gis­la­tion
    04 September 2020
    Ger­many: Min­istry's draft bill for Pat­ent Law Mod­ern­isa­tion Act in­cludes...
    Is this the end of "auto­mat­ic in­junc­tions" for pat­ent in­fringe­ment in Ger­many? On 1 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion presen­ted the min­istry's draft bill (Ref­er­enten­ent­wurf)...
    22/07/2020
    CMS ad­vises Wil­helmsen Ship Man­age­ment on joint ven­ture with MPC Cap­it­al...
    Wil­helmsen Ship Man­age­ment AS, a Singa­pore-based pro­vider of ship man­age­ment ser­vices be­long­ing to the Nor­we­gi­an Wil­helmsen ship­ping group, and Ham­burg-based as­set and in­vest­ment man­ager MPC Cap­it­al AG have agreed to co­oper­ate closely in the tech­nic­al con
    21 May 2020
    CMS Ex­pert Guide to autonom­ous vehicles (AVs)
    This CMS Ex­pert Guide brings to­geth­er ana­lys­is from leg­al ex­perts across our in­ter­na­tion­al net­work on the leg­al re­quire­ments that must be ob­served for test­ing and us­ing AVs at dif­fer­ent levels of auto­ma­tion.
    21 August 2020
    Trans­port of Goods - EU Mo­bil­ity Pack­age
    Back­ground: Reg­u­lat­ory re­quire­ments in the European Road Haulage Mar­ket EU law has been har­mon­iz­ing the reg­u­lat­ory frame­work of the European road haulage mar­ket for over 45 years[1], fo­cused on:...
    15/07/2020
    CMS ad­vises strategy con­sult­ing firm So­lon on transat­lantic mer­ger with...
    A CMS team headed by lead part­ner Richard Mit­ter­huber ad­vised So­lon on all leg­al as­pects of the mer­ger. As a long­stand­ing cli­ent, So­lon re­lies on the ex­pert­ise of CMS on a reg­u­lar basis, es­pe­cially for cor­por­ate and em­ploy­ment law mat­ters as well as tax i
    27 March 2020
    CMS Ex­pert Guide to force ma­jeure
    06 August 2020
    First EU cy­ber sanc­tions go live
    The EU ven­tured in­to new ter­rit­ory on 31 Ju­ly 2020 by im­pos­ing its first ever cy­ber-sanc­tions un­der Coun­cil Reg­u­la­tion (EU) 2019/796 of 17 May 2019 ("EU-Cy­ber Sanc­tions Reg­u­la­tion"). The new sanc­tions...