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Portrait of Dirk Loycke

Dirk Loycke

Partner
Rechtsanwalt | Co-Head of the CMS Commercial Group

CMS Hasche Sigle
Schoettlestraße 8
70597 Stuttgart
Germany
Languages English, German

Dirk Loycke specialises in international supply, customer, distribution and cooperation agreements. He has extensive experience in international commercial law and all commercial law issues relating to purchasing, production and distribution. Dirk regularly represents his clients in court and arbitration proceedings.

The majority of his clients are from the automotive, chemical, electronics, mechanical engineering, medical devices and packaging sectors, and he advises German medium-sized companies as well as multinational groups.

Dirk started his legal career with CMS in 1996 and became a partner in 2001. In 2000, he worked as a Foreign Associate at Gardner, Carton & Douglas in Chicago.

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"Recommended" for Distribution and Franchising

JUVE German Commercial Law Firms 2021 (GCLF)

Recommended lawyer

Kanzleimonitor 2020, 2021

Leading lawyer for contract law

Kanzleimonitor 2020, 2021

"Recommended"

JUVE German Commercial Law Firms 2020 (GCLF)

Recommended lawyer

Kanzleimonitor 2019, 2020

Relevant experience


  • Eissmann Automotive (Tier 1 supplier, interior) | ongoing commercial law advice vis-à-vis customers and suppliers since 2002. Negotiation of framework agreement for new projects with OEM customers. Drafting and implementing new standard agreements for purchasing department (including framework, quality assurance, logistics, tooling, confidentiality); workshop for purchasing department.
  • Honeywell | advising various companies of the Honeywell group regarding contracts with customers and suppliers in automotive and other industries since 2007.
  • Nemak (Tier 1 supplier, part of Alfa group) | advising companies of the Nemak group on contracts with automotive customers and suppliers.
  • MARPOSS and other companies in mechanical engineering sector | advising various companies from the mechanical engineering sector on legal issues relating to their operative business.
  • Companies in various industries | advising and representing companies in various industries regarding product liability matters, including product recalls.
  • Companies in various industries | advising and representing companies in various industries on drafting and negotiating new distribution agreements; advising and representing companies on terminating distribution agreements and dealing with mutual claims (e.g. compensation, indemnification claims)
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Memberships & Roles


  • American Bar Association (ABA)
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Publications


  • Sales Conditions and Consumer Protection, Doing Business in Europe, 2017, Sweet & Maxwell (together with Dr. Gerald Gräfe)
  • chapter on "Handels- und Vertriebsrecht" in Beck'sches Prozessformularbuch, 2015
  • chapter on "Vertriebsrecht" in "Fachanwaltshandbuch Handels- und Gesellschaftsrecht" of Heymanns Verlag, 2008, 2011, 2015
  • chapter on "Zusammenarbeit mit anderen Unternehmen (Kooperationsverträge und Joint-Ventures)" in "Vertragsbuch Gesellschaftsrecht"; C.H. Beck Verlag, 2008, 2012
  • chapter on “Germany” in Handbook International Agency and Distribution Agreements of LexisNexis, 2012
  • "Fachanwaltshandbuch, Handels- und Gesellschaftsrecht" chapter on "Vertriebsrecht", Wolters Kluwer Verlag 2008
  • "Obtaining Evidence Abroad – Germany"; publication of American Bar Association), 2005
  • chapter on "Sales Conditions and Consumer Protection", Doing Business in Europe, CCH-Verlag, since 2002
  • Recent Judgement of the European Court of Justice regarding Compensation Claims of Commercial Agents and Possible Consequences for Distributors and Franchisees, International Journal of Franchising and Distribution Law 2001
  • E-Commerce in Europe: Risks and New EC Directives, Cyber Strategies - at the Frontier of Law & Business 2000
  • Der Ausgleichsanspruch des Vertragshändlers, Zentralorgan des Wirtschaftsverbandes der Handelsvertreter und Vertragshändler 1998
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Lectures list


  • Dirk Loycke holds numerous lectures on commercial law issues for German Chambers of Commerce (IHK) and other (international) organisations and institutions (e.g. American Bar Association, Steinbeis University, Chicago Bar Association, Union League Club Chicago).
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Education


  • Law studies at the Free University of Berlin
  • Special tax law training with Deutsches Anwaltsinstitut e.V., the training institution of the German Federal Bar, graduation in 1993
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01 June 2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
31 March 2021
CMS Ex­pert Guide to e-sig­na­ture law in com­mer­cial con­tracts
Di­git­al trans­form­a­tion af­fects all as­pects of a busi­ness’s op­er­a­tions, in­clud­ing con­tracts, in­tern­al doc­u­ment­a­tion and em­ploy­ment re­la­tion­ships. This trend has been ac­cel­er­ated by the COV­ID-19 pan­dem­ic...
04 February 2021
Law and reg­u­la­tion of force ma­jeure in Ger­many
1. Is there le­gis­la­tion on force ma­jeure in your law sys­tem? Force ma­jeure events are not dir­ectly reg­u­lated un­der Ger­man stat­utory law. Un­der Ger­man law, such events can be sub­ject to stat­utory pro­vi­sions...
22 June 2020
Leg­al term for pay­ments in Ger­many
1. Are there any spe­cif­ic leg­al re­quire­ments in re­spect to pay­ment terms? Yes, Ger­many has im­ple­men­ted le­gis­la­tion based on EU Dir­ect­ive 2011/7/EU on com­bat­ing late pay­ments in com­mer­cial trans­ac­tions...
09 April 2020
COV­ID-19 and its im­pact on the com­mer­cial sec­tor
Force ma­jeure, ex­hib­it­or and or­gan­iser rights vis-à-vis can­celled live events and gov­ern­ment in­ter­ven­tion dur­ing the crisis. The COV­ID-19 pan­dem­ic and re­stric­tions im­posed by gov­ern­ments in Europe and...
28 October 2019
Dis­tri­bu­tion law in Ger­many
Agency Agree­ments Ger­man law on Agency Agree­ments is set out in the Ger­man Com­mer­cial Code, which, in sec­tion 84 and fol­low­ing, in par­tic­u­lar im­ple­ments the re­quire­ments of EU law on Com­mer­cial Agents...
17 October 2019
CMS Com­mer­cial Con­fer­ence 2019
What are the chal­lenges of op­er­at­ing a mul­tina­tion­al busi­ness across Europe? To an­swer this ex­tens­ive ques­tion, lead­ing law prac­ti­tion­ers in the field of com­mer­cial law, in-house coun­sels, busi­ness...
28/08/2019
CMS ad­vises Faul­haber Group on ac­quis­i­tion of US drive tech­no­logy com­pany...
Stut­tgart – Dr. Fritz Faul­haber GmbH & Co. KG, a de­veloper and man­u­fac­turer of mini­ature and mi­cro drive tech­no­logy, has re­struc­tured its North Amer­ic­an Op­er­a­tions Cen­ter by ac­quir­ing Mi­croMo Elec­tron­ics...
August 2020
CMS Com­mer­cial Glob­al Bro­chure
Com­mer­cial law reaches in­to all sec­tors. It is at the core of every busi­ness. With over 400 Com­mer­cial law­yers across 43 coun­tries glob­ally, we can help you across a range of Com­mer­cial is­sues in all...
18 June 2019
An­nu­al Re­view 2018 – 2019
Cross­ing bor­ders is both the theme of this year’s CMS An­nu­al Re­view and a guid­ing idea that we had when we es­tab­lished CMS 20 years ago. At that time, we de­cided to cre­ate a high-qual­ity, ex­pert and mul­tijur­is­dic­tion­al law firm. This Re­view shows what we’ve achieved over the last year in pur­suit of this goal.Since 1999, work­ing across bor­ders has be­come a daily task for all our law­yers. We are one of the most in­ter­na­tion­al law firms, with more than 70 of­fices in over 40 coun­tries. Our 4,800 leg­al ex­perts world­wide work as one team across jur­is­dic­tions, prac­tice areas and sec­tors to en­sure that you get clear, ac­tion­able and busi­ness-fo­cused ad­vice. You can read about our mul­tijur­is­dic­tion­al sup­port for cli­ents in the stor­ies through­out this An­nu­al Re­view. For ex­ample: an in­ter­na­tion­al CMS team ad­vised Ad­vance / Ne­w­house Part­ner­ship on its pur­chase of Stage En­ter­tain­ment, one of the world’s largest theatre pro­du­cers and own­ers. Our law­yers spe­cial­ising in cor­por­ate, me­dia, real es­tate, tax, em­ploy­ment, IP, com­pet­i­tion and bank­ing all worked on the trans­ac­tion.Glob­al­isa­tion con­tin­ues to im­pact the busi­ness en­vir­on­ment pro­foundly, as do the key is­sues on the glob­al agenda such as the US trade talks with China, Brexit and the con­sequences of cli­mate change. With our glob­al firm struc­ture and mind­set, we help you an­ti­cip­ate the prob­lems you face in your daily op­er­a­tions. On page 28, you can read what some of our part­ners around the world have told us about the chal­lenges their cli­ents are cur­rently fa­cing.An­oth­er ma­jor factor shap­ing our daily work is the im­pact of tech­no­logy on all busi­nesses. This year, our an­nu­al event in Da­v­os on the oc­ca­sion of the World Eco­nom­ic For­um (see page 18) fo­cused on how in­creased di­git­al­isa­tion is af­fect­ing con­ven­tion­al busi­ness mod­els.Today, in­tro­du­cing more ad­vanced tech­no­lo­gic­al tools in­to leg­al prac­tice is a must in or­der to meet cli­ents’ qual­ity and ef­fi­ciency ex­pect­a­tions. For CMS, it is about more than just us­ing ar­ti­fi­cial in­tel­li­gence soft­ware or di­git­al tools. To us, in­nov­a­tion means de­vel­op­ing tech­no­logy to of­fer our cli­ents new high-qual­ity ser­vices and to provide new ways of de­liv­er­ing all our leg­al of­fer­ings. Our scale and pres­ence across many jur­is­dic­tions, coupled with our deep un­der­stand­ing of cli­ent needs in their loc­a­tions, means that we are very well qual­i­fied to de­vise such solu­tions. On page 16, some of our key in­nov­at­ors de­scribe the ways in which our tech­no­logy is be­ne­fit­ting cli­ents.I hope you find some in­ter­est­ing and thought-pro­vok­ing stor­ies in this year’s An­nu­al Re­view and wish you an en­joy­able read. My col­leagues in the CMS ex­ec­ut­ive team and I are al­ways happy to hear from you if you have any com­ments or ques­tions.Cor­neli­us Brandi, Ex­ec­ut­ive Chair­man
10/01/2019
CMS ad­vises Itali­an meas­ure­ment tech­no­logy spe­cial­ist Mar­poss on ac­quis­i­tion...
Stut­tgart – Itali­an meas­ure­ment tech­no­logy spe­cial­ist Mar­poss S.p.A. has ac­quired the long-es­tab­lished Thuringia-based com­pany Lehren- und Meßger­ätew­erk Schmalkalden GmbH by way of a share deal. The...
27 November 2018
GDPR: the af­ter­math
Please join us for a half-day sem­in­ar on the af­ter­math of GDPR. Six months after the im­ple­ment­a­tion of the most chal­len­ging EU reg­u­la­tion busi­nesses have seen in years, it is time to take a step back...