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Ulrich Becker
Partner

Dr. Ulrich Becker

Rechtsanwalt

Languages
  • German
  • English
Social media

Ulrich Becker provides comprehensive civil and commercial law advice, in particular on operationally relevant purchasing and sales issues, such as contract drafting. His practice especially focusses on warranty matters but also product compliance, including product liability and product safety. In this context, Ulrich asserts and defends warranty and product liability claims and advises on product recalls. He also advises on preventive product safety compliance, such as product labelling and CE marking, as well as on all aspects relating to placing products on the EU market. Furthermore, Ulrich has recently been intensively focusing on the realignment of German and European product safety law, e.g. in relation to the EU Market Surveillance Regulation from mid-2021.

In the above-mentioned areas, Ulrich represents his clients before state courts and arbitration tribunals. His clients include European and US medium-sized companies in mechanical and plant engineering, high-tech, the supply industry and trade (at all levels of distribution).

Ulrich started his legal career in 2007 at Shearman & Sterling LLP in Frankfurt. In 2008, he joined CMS and has been a Commercial Law and Dispute Resolution partner since 2017. In 2014, Ulrich was seconded (6 months) to a US client in the Silicon Valley as an in-house lawyer. He regularly speaks on distribution and liability law topics as well as on product liability and product safety at congresses and (in-house) seminars. Since 2021, Ulrich has been lecturer at the law faculty of the EBS University of Economics and Law in Wiesbaden.

Awards & Recognitions
01
  • Quote
    „Oft empfohlen“ für Handel, Vertrieb und Logistik
    JUVE Handbuch, 2024/2025
  • Quote
    Named as top lawyer for product liability law
    WirtschaftsWoche Top-Kanzleien 2024; In Kooperation mit: Handelsblatt Research Institute
  • Quote
    ‘Great detailed knowledge, always approachable.’, client
    The Legal 500 EMEA, 2024
  • Quote
    „Oft empfohlen“ für Vertrieb und Handel
    JUVE Handbuch, 2023/2024
  • Quote
    „exzellent, kann komplexe Rechtsthemen zielsicher u. erfolgr. manövrieren“, Mandant
    JUVE Handbuch, 2023/2024
  • Quote
    Leading lawyer for contract law
    Kanzleimonitor 2020-2022
  • Quote
    Recommended lawyer
    Kanzleimonitor 2020, 2021

Relevant experience

Product compliance

  • Worldwide leading manufacturer of industrial machines | Europe-wide product recall due to exceeding of emission limits
  • Manufacturer of hearing protection | Coordination of Germany-wide product recall
  • Leading manufacturer of garden and do-it-yourself equipment | Representation at hearing of Federal Network Agency (Bundesnetzagentur) regarding incorrect information and technical documentation for radio equipment
  • Manufacturer of machine tools | Representation at hearing of market surveillance authority regarding handling of potentially carcinogenic substances in products
  • Globally active manufacturer of machines in the field of renewable energies | Support in responding to numerous inquiries from market authorities in several German federal states regarding risks according to the Machinery Directive and occupational health and safety
  • Leading manufacturer of optical devices | Examination of legal consequences of material (limit values) and formal (lack of technical documentation) violations of EMVG (EMC directive) incl. RAPEX analysis support
  • Leading manufacturer of optical devices | Advice on the preparation of safety information letters due to risks resulting from a deactivated safety function or due to existing risks despite safety function incl. RAPEX analysis support
  • Leading manufacturer of optical devices | Advice on the preparation of safety information letters due to new approval requirement according to the Radiation Protection Ordinance (Strahlenschutzverordnung)
  • Manufacturer of drives for home use | Advice on product marking UKCA vs. CE marking issues
  • Advice to a leading company in the energy sector on complex technical documentation requirements under the Machinery Directive in connection with offshore wind turbines
  • Manufacturer of machinery for the food industry | Advice on the possibility and requirements for issuing declarations of conformity and declarations of incorporation in electronic form, as well as on the design of the type plate and the (re)issuance of the declaration of conformity in case of an extended workbench according to the Machinery Directive
  • Manufacturers of home electronics | Advice on required information and labels according to various EU directives and their implementation into German law (Radio Equipment Directive, Machinery Directive, RoHS Directive, Low Voltage Directive, EMC Directive and WEEE Directive) in connection with market entry

Publications

  • After Corona: How contracts become fit for the future, Deutsche Handwerkszeitung of July 30, 2020
  • After the crisis is before the crisis - Checklist for strengthening the supply chain, article on CMS-Blog, April 20, 2020
  • "Erased" - Manufacturers can request deletion of a RAPEX notification, article on CMS-Blog, March 06, 2020
  • Becker/Kussnik, Appropriate Confidentiality Measures under the Act on Protection of Trade Secrets - Consequences for the Contract Practice? RAW 2018, p. 119
  • Warning or Recall: Companies should be prepared, Börsenzeitung of October 1, 2016, p. 13
  • Problems must not be covered up, Interview about issues around product recalls in: Return – Magazin für Unternehmensführung und Sanierung, September 20, 2016
  • Inductive Charging as Challenge in terms of Product Liability, Forum Elektromobilität e.V. (pub.), Das Magazin für die Mobilität von morgen, 02/2013, p. 41
  • Secondary Market Trading with Traction Batteries – Liability Issues, Forum Elektromobilität e.V. (pub.), Das Magazin für die Mobilität von morgen, 02/2012, p. 42
  • "Buying" instead of "Ordering", Online-Handel, 02/2012, p. 30
  • The End of Online Trading?, Kommunikation & Recht (K&R), 04/2011, editorial
  • The End of Online Trading? , Anwalt Aktuell, 04/2011, p. 14
  • Das Beschlussverfahren zum Kündigungsschutz de lege lata und de lege ferenda – Zugleich eine rechtstatsächliche Untersuchung zum Beschlussverfahren gemäß §§ 126 ff. InsO (The Status Quo, and a Proposal for Reform, of the Adjudication Procedure in Wrongful Termination Cases – Also an Empirical Analysis of the Adjudication Procedure pursuant to Sections 126 et seq. of the German Insolvency Act), Publishing House Peter Lang, 2006

Lectures list

  • Product Compliance from 360° - Labelling on product and packaging - "low hanging fruit" for authorities, series of events by VDE and CMS Hasche Sigle, March 09, 2022, Webinar
  • Product Compliance from 360° - Do we really need CE? No one ever asks..., series of events by VDE and CMS Hasche Sigle, February 16, 2022, Webinar
  • Product liability and safety never stand still... Latest case law, Bundesverband der Unternehmensjuristen (BUJ) - Fachgruppe Produkthaftung, February 15, 2022, Webinar
  • Lecture as part of the Hamburg certificate program "Bucerius Compliance Officer" of Bucerius Education GmbH on the topic "Product Compliance - The way to a safe and legally compliant product", February 10, 2022, Webinar
  • Law on the implementation of the EU directive on the sale of goods - sales law from January 1, 2022, December 08, 2021, BHB - Handelsverband Heimwerken, Bauen und Garten e.V., Webinar
  • Modernizing the EU's product safety and liability framework: a critical overview of recent legislative initiatives, Bundesverband der Unternehmensjuristen (BUJ) - Fachgruppe Produkthaftung, November 02, 2021, Webinar
  • Modernizing the EU's product safety and liability framework: critical overview of the latest legislative initiatives, October 08, 2021, Academy of European Law (ERA), Trier
  • Lecture on " Statutory Obligations – Producer‘s Liability" at EBS Universität für Wirtschaft und Recht, September 30, 2021, Webinar
  • Manuals: Nobody reads that anyway?, September 29, 2021, VDE Webinar
  • Supply bottlenecks - What rights do I have and how can I protect myself for the future? IHK Hanau-Gelnhausen-Schlüchtern, September 21, 2021, Webinar
  • Dealing with supply bottlenecks, late deliveries, shortages of raw materials and price increases, August 10, 2021, in-house training at a leading company in the DIY and home improvement sector, Webinar
  • Expert keynote speech on the European Commission's Inception Impact Assessment on the revision of the Product Liability Directive, July 20, 2021, Bitkom webinar.
  • The countdown is on - The Market Surveillance Regulation is coming on July 16, 2021, July 07, 2021, Bitkom Webinar
  • The countdown is on - The Market Surveillance Regulation is coming on July 07 16, 2021, July 02, 2021, CMS Webinar
  • Pitfalls in contract law - In-house workshop for a global leader in the toy industry, June 17, 2021, webinar
  • The countdown is on - Only one month left until the market surveillance regulation, June 15, 2021, VDE webinar
  • Industrial espionage, know-how theft - how do I protect valuable company information correctly, May 18, 2021, VDE webinar in English language
  • And gone is the information... know-how protection as a challenge for companies, April 20, 2021, VDE webinar
  • Lecture on "Product Compliance" at EBS Universität für Wirtschaft und Recht gGmbH, May 06, 2021, webinar
  • Semiconductors and steel - it's getting tougher for the supply chain, March 09, 2021, CMS webinar
  • Lessons from the crisis - How to make contracts fit for the future, IHK event "Kurz mal Recht" of the Hanau-Gelnhausen-Schlüchtern Chamber of Commerce and Industry, February 25, 2021, webinar
  • Lecture as part of the Hamburg certificate program "Bucerius Compliance Officer" of Bucerius Education GmbH on the topic "Product Compliance - The way to a safe and legally compliant product", February 04, 2021, Webinar
  • Responsibility for conformity assessment and/or declaration of conformity? Prerequisites of (civil) legal responsibility and liability of companies, Maschinenrechtstag - Die Konferenz rund um das Maschinenrecht, October 13, 2020, Cologne
  • Lecture on "Product Compliance" at EBS Universität für Wirtschaft und Recht gGmbH, May 20, 2020, Wiesbaden
  • After the crisis is before the crisis - supply chains under stress - options to act in difficult times, May 13, 2020, CMS webinar
  • Basic Questions of Material Defects and Product Liability, ZVEI Seminar "CE Guidelines and New Legislative Framework", March 11, 2020, Frankfurt/Main
  • Basic Questions of Material Defects and Product Liability, IHK event "Recht Kompakt" of the IHK Aschaffenburg, February 19, 2020, Aschaffenburg
  • Lecture as part of the Hamburg certificate program "Bucerius Compliance Officer" of Bucerius Education GmbH on the topic "Product Compliance - The way to a safe and legally compliant product", February 8, 2020, Hamburg
  • Product liability requirements for the production and sale of household appliances - What you need to know to avoid liability, VDE Information Day "Household Appliances", November 5, 2019, Offenbach
  • Violations of REACH and RoHS - What are the consequences?, VDE Information Day "Chemicals", November 06, 2019, Offenbach
  • Basic Questions of Material Defects and Product Liability, IHK event "Recht Aktuell" of the IHK Hanau-Gelnhausen-Schlüchtern, September 19, 2019, Hanau
  • Protection of Secrets in Companies - Current Developments and Practical Implementation, Meeting of the Fachgruppe Werkzeuge des Fachverband des Maschinen- und Werkzeug-Großhandels e.V. (FDM), September 3, 2019, Fulda
  • Lecture as part of the Hamburg certificate program "Bucerius Compliance Officer" of Bucerius Education GmbH on the topic "Product Compliance - The way to a safe and legally compliant product", February 23, 2019, Hamburg
  • Presentation at the Partner Days 2018 of a large German industrial company on the subject "Protection of secrets in companies - current developments and practical implementation", December 06, 2018, Böblingen
  • Lecture at the German Graduate School of Management and Law gGmbH on the subject "Introduction to Distribution Law Part 2", September 6, 2018, Heilbronn
  • Presentation of the Saxon employers' association "Sächsischer Arbeitgeberverbandes Nahrung und Genuss e.V." on the subject of " Responsibility for the product - What has to be considered from a (civil) legal point of view for manufacturers and retailers in the food industry", June 13, 2018, Weidensdorf
  • Requirements under product liability law for the manufacture of transformers and power supplies - What has to be done to avoid liability?, VDE Information Day "LED, Human Centric Lighting", April 18, 2018, Offenbach
  • What still remained open... Or: there are still so many typical pitfalls in sales contracts, Conference of the Tools Division of the Fachverband des Maschinen- und Werkzeug-Großhandel e.V. (FDM), March 20, 2018, Wuppertal
  • Requirements under product liability law for the manufacture of transformers and power supplies - What has to be done to avoid liability?, VDE Information Day "Chemical Product Safety and Sustainability", March 07, 2018, Offenbach
  • One-day client in-house seminar for a global company in the electrical industry on the subject "Product conformity and liability - On the way to a legally compliant product and consequences of non-compliance", March 06, 2018
  • Mistakes during conformity assessment and CE marking - civil, criminal and public liability and its avoidance, Maschinenrechtstag of the Fachverband des Maschinen- und Werkzeug-Großhandel e. V. (FDM), January 25, 2018, Frankfurt/Main
  • Product liability requirements for the manufacture of transformers and power supplies - What do you need to know to avoid liability?, VDE/ZVEI Information Day Transformers and Power Supplies, November 15 2017, Offenbach
  • Changes in the German Warranty Law as of 01.01.2018, Maschinenrechtstag – Conference for machinery law, October 24, 2017, Cologne
  • Client inhouse workshop for an internationally active company in the kitchen supply industry on the topic of "Product liability and product safety – How to produce a safe and legally compliant product and consequences of non-compliance", September 13, 2017
  • Management presentation for an internationally active company in the electrical industry on the topic of " Product conformity and liability – The legally compliant product and consequences of non-compliance", September 11, 2017
  • Typical Failures in Sales and Distribution Agreements, Conference of the Tools Division of the Fachverband des Maschinen- und Werkzeug-Großhandel e.V. (FDM), September 5, 2017, Braunschweig
  • Basic Questions of Material Defects and Product Liability, ZVEI Seminar "CE Guidelines and New Legislative Framework", March 2, 2017, Frankfurt/Main
  • Selling into Europe: What you need to know – Product related regulatory issues that are relevant when selling into the EU, Webinar in cooperation with European-American Chamber of Commerce New York, February 16, 2017
  • Two-day client inhouse workshop for European strategic purchasing of an US based technology company on the topic of "Purchasing in a legally compliant way", January 17-18, 2017
  • Responsibility for conformity assessment and conformity declaration? Prerequisites for the legal responsibility and liability of corporations, VDE / ZVEI Workshop "LED Applications within the general lighting", November 24, 2016, Offenbach
  • Responsibility for conformity assessment and conformity declaration? Prerequisites for the legal responsibility and liability of corporations, VDE Information day "Chemical product safety and sustainability for electronic products", November 16, 2016, Offenbach
  • Know-How Protection in Companies – Non Disclosure Agreement as "Toothless Tiger"?, Maschinenrechtstag – Conference for machinery law, October 11, 2016, Cologne
  • Responsibility for conformity assessment and conformity declaration? Prerequisites for the legal responsibility and liability of corporations, VDE / ZVEI Information day "Power supply – Standards, legal requirements, visions", September 27, 2016, Offenbach
  • Contractual arrangements of costs and damage in claim settlement scenarios, Maschinenrechtstag – Conference for machinery law, October 6, 2015, Cologne
  • Transatlantic Trade and Investment Partnership (TTIP) – Consequences for Companies?, Presentation at the regular meeting of local companies organized by the city of Mörfelden-Walldorf, July 23, 2015, Mörfelden-Walldorf
  • Risk Management – Handling of Risks and Implementation of a Risk Management System, Zentralverband Elektrotechnik- und Elektroindustrie e.V. (ZVEI) (Central Association of the Electrical Engineering and Electronics Industry (ZVEI), April 20, 2015, Frankfurt a.M.
  • Typical Failures in Sales and Distribution Agreements, Maschinenrechtstag – Conference for machinery law, October 7, 2014, Cologne
  • Various Client Inhouse Seminars at the German production sites of an US based technology company regarding "Supply", "Sales", "Engineering", "Non-Disclosure Agreements", September 9-11, 2014
  • Compensation Claim of Distribution Partners - Strategies for Avoidance and Limitation, lecture at "Update Procurement and Distribution", November 19, 2013, Frankfurt a. M.
  • Client Inhouse Seminar on Product Liability, November 29, 2012
  • Secondary Market Trading with Traction Batteries: Unlimited Liability? – Legal Issues of Distribution and Liability when trading Traction Batteries on the Secondary Market, lecture at Forum ElektroMobilität e.V., June 14, 2012, Berlin
  • Client Inhouse Seminar on General Contract Law, May 30, 2012
  • The new Product Safety Act – Challenges not only for Producers, lecture, May 22, 2012, Frankfurt a. M.
  • Framework Supply Agreements, lecture at "Update on Procurement and Distribution", November 24, 2011, Frankfurt a. M.
  • Distribution on International Markets, lecture, September 27, 2011, Frankfurt a. M.
  • Direct Marketing and Law – Obstacles to reaching Customers / Data Protection and Competition Law, lecture at "Update Procurement and Distribution", November 9, 2010, Frankfurt a. M.
  • Legal Update on the Compensation Claim of Commercial Agents and Distributors, lecture at "Update Procurement and Distribution", November 10, 2009, Frankfurt a. M.

Education

  • 2005 - 2007: Trainee lawyer in Frankfurt a. M. and London
  • 2005: Doctoral dissertation, Jena
  • 1998 - 2003: Law studies at the University of Jena
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