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Commercial

Czech Republic

Achieving business success in highly regulated markets requires effective management of commercial risks and of your supplier and customer relationships. Whether you are an international or domestic business active in the CEE region, you can rely on our advice on complex and multi-jurisdictional contractual arrangements and our knowledge of the commercial issues facing the sectors in which you operate.

We have advised many international companies on entering CEE markets over the years and continue to assist them as they grow their businesses in the region.

With over 350 commercial and regulatory lawyers across 34 countries, our multi-disciplinary teams are trained to understand the cultural and business factors impacting your commercial arrangements. We organise our teams around sectors and industries relevant to you, including financial services, manufacturing, automotive, consumer products, energy, hotels and leisure, infrastructure and projects, lifesciences, supply and logistics, real estate and construction, technology, telecoms, media and sports.

We can guide you towards the best business outcome, whether you require advice on commercial contracts, supply services, e-commerce, IT or telecoms agreements, data protection, design and manufacturing, advertising, sponsorship and marketing, consumer sales, software licensing, outsourcing, or sales, agency, distribution and franchise agreements.

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Iain Batty
22 August 2017
Green­field In­vest­ments in CEE 2017
15/01/2018
Neth­er­lands to be­come a new hub for in­ter­na­tion­al com­mer­cial dis­pute...
Re­cent years has seen a down­ward trend in in­ter­na­tion­al trade and com­mer­cial cases brought be­fore Dutch courts. But with the Dutch par­lia­ment sched­uled to de­bate a bill for the es­tab­lish­ment of the Neth­er­lands Com­mer­cial Court (NCC), in­ter­na­tion­al com­mer­cial.
06/01/2014
CMS CEE Guide to Data Pro­tec­tion
11/01/2018
Bare­con 2017 - Ringing in the Changes
BIMCO re­cently pub­lished an up­dated ver­sion of their widely-used BARE­CON 2001. Whilst it largely fol­lows the same format, BARE­CON 2017 takes ac­count of a num­ber of leg­al and com­mer­cial changes and has been de­scribed by BIMCO as “a new lean­er ver­sion” which.
03/01/2018
From 1 Janu­ary 2018 large ships must mon­it­or and re­port CO2 emis­sions
As of 1 Janu­ary 2018, sub­ject to a few ex­clu­sions, ships over 5000 gross ton­nage (“Rel­ev­ant Ships”) be­came sub­ject to mon­it­or­ing and re­port­ing re­quire­ments on car­bon di­ox­ide emis­sions (CO2), fuel con­sump­tion and cargo car­ried with­in all ports un­der the jur­is­dic­tion.
19/12/2017
Oil & Gas Ship­ping: a Venezuelan de­ten­tion
In ST Ship­ping and Trans­port PTE Ltd v Space Ship­ping Ltd [2017] EWHC 2808 (Comm) the Com­mer­cial Court re­jec­ted an ar­bit­ra­tion ap­peal that sought to ar­gue that the ac­tions of the Venezuelan courts, in openly not fol­low­ing Venezuelan law, broke the chain of.
15/12/2017
Po­ten­tial of Green Pub­lic Pro­cure­ment for ten­der­ers
The selling po­ten­tial of the “green” stick­er is huge. Es­pe­cially if it ap­pears in a press re­lease of a re­spec­ted state au­thor­ity in con­nec­tion with suc­cess­ful pub­lic pro­cure­ment. In the last few years this com­bin­a­tion has be­come more com­mon be­cause of “green.
14/12/2017
Oil & Gas: Off-spec de­liv­er­ies – up­hold­ing the con­trac­tu­al mech­an­ism
In Trafigura Be­heer BV v Ren­brandt Ltd (2017) EWHC 3100 (Comm) the Com­mer­cial Court provided some winter com­fort to pur­chasers and sellers that are seek­ing to rely on con­clus­ive evid­ence clauses as to qual­ity.
07/12/2017
CJEU strengthens sup­pli­ers of lux­ury goods – their third-party plat­form...
In a land­mark judg­ment of 6 Decem­ber 2017 (C-230/16 – Coty Ger­many), the Court of Justice of the European Uni­on (CJEU) has put a pre­lim­in­ary end to the dis­cus­sions on an­ti­trust is­sues con­cern­ing third-party plat­form bans for lux­ury goods - es­sen­tially provid­ing.
30/10/2017
What next for in­ter­na­tion­al data trans­fers?
Sum­mary The Ir­ish High Court has made a pre­lim­in­ary ref­er­ence to the Court of Justice of the European Uni­on (the “CJEU”), ask­ing wheth­er stand­ard data pro­tec­tion clauses (“stand­ard clauses”) are com­pat­ible with the leg­al rights of data sub­jects un­der EU law.
27/10/2017
CEE: Com­pet­i­tion au­thor­it­ies crack down on bid rig­ging
Com­pet­i­tion au­thor­it­ies in Cent­ral and East­ern Europe are in­creas­ingly turn­ing their fo­cus to in­fringe­ments of pub­lic pro­cure­ment pro­ced­ures, par­tic­u­larly bid rig­ging. Bid rig­ging typ­ic­ally oc­curs when bid­ders il­leg­ally col­lude by tak­ing turns be­ing the des­ig­nated.
04/07/2017
The New Fla­menco – Su­preme Court al­lows own­ers’ ap­peal
The Su­preme Court, on 28 June 2017, found in fa­vour of the own­ers in the long-awaited “New Fla­menco” judg­ment - Glob­alia Busi­ness Travel S. A. U. (formerly Travel­Plan S. A. U. ) of Spain v Fulton Ship­ping Inc of Panama.
03/07/2017
CJEU rules Hun­gari­an gambling li­cens­ing re­gime in­com­pat­ible with EU...
The Court of Justice for the European Uni­on (CJEU) has ruled that Hun­gary’s li­cens­ing frame­work for on­line gambling placed overly re­strict­ive and un­fair con­di­tions on op­er­at­ors from oth­er European Uni­on coun­tries look­ing to enter the mar­ket.
27/06/2017
Im­ports of or­gan­ic products now sub­ject to EU elec­tron­ic cer­ti­fic­a­tion...
From 19 Oc­to­ber 2017, use of the elec­tron­ic Trade Con­trol and Ex­pert Sys­tem (“TRACES”) will be­come man­dat­ory for all im­port­ers of or­gan­ic products from out­side of the EU. Or­gan­ic im­ports may only be placed on the European Single Mar­ket if they are covered by.
21/06/2017
The Ver­dict - Round-up of cor­por­ate crime de­vel­op­ments across CMS
We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in the Czech Re­pub­lic, in­clud­ing.
04/05/2017
E-pro­cure­ment in CEE
Elec­tron­ic sub­mis­sion of pub­lic pro­cure­ment doc­u­ments (“e-pro­cure­ment”) will be­come man­dat­ory for all con­tract­ing au­thor­it­ies and pro­ced­ures in Septem­ber 2018, as re­quired in the Pub­lic Pro­cure­ment Dir­ect­ives (Dir­ect­ives 2014/24/EU and 2014/25/EU).
05/04/2017
Europe: Pre-tender en­gage­ments un­der new Pub­lic Pro­cure­ment Dir­ect­ive...
Dir­ect­ive 2014/24/EU on pub­lic pro­cure­ment (the “Dir­ect­ive”) al­lows con­tract­ing au­thor­it­ies to en­gage in pre-tender mar­ket con­sulta­tions in or­der to: (i) identi­fy po­ten­tial bid­ders and solu­tions; (ii) build aware­ness and ca­pa­city in the mar­ket about the re­quire­ments.
10/02/2017
In­dia Budget 2017 - 2018
On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.