Home / Expertise / Commercial
freight shipping containers at the docks

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.

Read more Read less

Choose area

    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.

    Read more

    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.

    Read more

    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.

    Read more
    War­ranties in Sup­ply Con­tracts
    06/08/2015
    CMS Com­mer­cial Guide: Dis­tri­bu­tion and Agency Agree­ments

    Feed

    Show only
    19/02/2020
    CMS ad­vises bid­der con­sor­ti­um formed by x+bricks and...
    17 Feb 20
    Opin­ion on stand­ard con­trac­tu­al clauses: more a com­pli­ance head­ache...
    A re­cent non-bind­ing Opin­ion of the Ad­voc­ate Gen­er­al has sig­nalled that the stand­ard con­trac­tu­al clauses can con­tin­ue to be used as a safe­guard for trans­fer­ring per­son­al data out­side the EEA. However,...
    12/02/2020
    CMS ad­vises NORD Hold­ing on ac­quis­i­tion of on­line bed­room...
    30 Jan 20
    New European rules for on­line plat­forms
    A new Reg­u­la­tion, known as the Plat­form to Busi­ness Reg­u­la­tion or the On­line In­ter­me­di­ation Ser­vices Reg­u­la­tion, will come in­to force on 12 Ju­ly 2020. It ap­plies to on­line in­ter­me­di­ation ser­vice pro­viders,...
    22/01/2020
    CMS ad­vises Part­ners Group on ac­quis­i­tion of ma­jor­ity...
    23 Dec 19
    So­cial Me­dia and mHealth Data EMA / HMA Re­port
    New and in­nov­at­ive tech­no­lo­gies have led to a huge in­crease in data com­ing from sources that haven’t pre­vi­ously been used with­in the reg­u­lated medi­cines in­dustry. In re­cog­ni­tion of this ex­plo­sion of...
    22/01/2020
    Hy­undai Elec­tric ad­vised by CMS on sale of Hy­undai...
    20 Dec 19
    Düs­sel­dorf High­er Re­gion­al Court al­lows dis­cus­sion of re­tail pri­cing...
    Are man­u­fac­tur­ers al­lowed to talk to their deal­ers about the price po­s­i­tion­ing of their products dur­ing on­go­ing con­trac­tu­al re­la­tion­ships? When would such a prac­tice draw the risk of an­ti­trust sanc­tions?...
    08/01/2020
    CMS ad­vises Freuden­berg re­gard­ing the ac­quis­i­tion of...
    15 Nov 19
    Brexit and data pro­tec­tion: what to do next (when you don’t know what’s...
    Whilst the threat of a no-deal Brexit has been aver­ted for now, the fu­ture is by no means cer­tain. We have high­lighted some of the key is­sues for UK-based or­gan­isa­tions, and the EEA or­gan­isa­tions that...
    11/12/2019
    1st FC Co­logne wins An­thony Mod­este trans­fer dis­pute...
    05 Nov 19
    Whis­tleblow­ing Dir­ect­ive ad­op­ted by the EU Coun­cil
    On 7 Oc­to­ber 2019, the EU Coun­cil ap­proved the word­ing of the "Dir­ect­ive of the European Par­lia­ment and of the Coun­cil on the pro­tec­tion of per­sons who re­port breaches of Uni­on law", also known as the...