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Product Liability


Sooner or later it happens to every businessman: a party you are dealing with fails to fulfill his obligations. Even if you manage to get that party to do so in the end, you will still be confronted with costs which will not be compensated for.

Costs because deliveries were not on time. Costs because the goods delivered were not as agreed. Costs because you had to spend time dealing with the problem; time that you could have spent on other things if your opposite party had fulfilled his obligations straight away. In short, you have incurred loss.

Naturally you can hold your opposite party liable for this loss, but actually recovering your loss is in many cases not so easy.

CMS is equally at home in recovering contractual loss as well as drawing up contracts. In the unlikely event that the opposite were to occur, i.e. you are held liable by your opposite party, our lawyers can give you too all the professional assistance and support you need.

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25 February 2019
Dis­rup­tion 2.0 – here we go again
Wheth­er you are con­cerned or ex­hil­ar­ated, the age of AI is here – from vir­tu­al as­sist­ants, to driver­less vehicles and fric­tion­less shops. CMS’ latest re­port uses ex­tens­ive con­sumer re­search and a sur­vey of busi­ness lead­ers to ex­plore AI tech­no­lo­gies and the new cus­tom­er jour­ney, the chal­lenges of im­ple­ment­ing AI, and the con­sumer at­ti­tudes that will ul­ti­mately shape its fu­ture.Key themes arising from the re­search in­clude:Data, trust & eth­ics in AI – why re­tail­ers and con­sumer or­gan­isa­tions may need AI eth­ics boardsCon­sumer read­i­ness - why age is keyAI skills short­ages in con­sumer or­gan­isa­tionsHow AI might ac­tu­ally re­in­vig­or­ate, not hurt, the high-streetLeg­al & reg­u­lat­ory con­cerns - from the com­pet­i­tion as­pects of dy­nam­ic pri­cing to GDPR in auto­mated de­cision mak­ing.If you would like a hard copy of the at­tached re­port please con­tact Mael Habell-Aili.
Feb 2019
Elec­tric vehicles and char­ging in­fra­struc­ture
560340ht­tps://me­dia.cmsleg­al.com/me­dia/em­bed?unique_key=923b2bd­cb10e5df3393a11a3ff0cdc48&width=720&height=405&auto­play=false&auto­light­soff=false&loop=false&clean1al­wayseznode://501981The up­take of elec­tric vehicles (EVs) has soared in re­cent years (al­beit from a very low base), with jur­is­dic­tions such as Nor­way and The Neth­er­lands cur­rently lead­ing the pack. However, in or­der for a coun­try to be­come a glob­al EV lead­er, it is vi­tal to con­sider all as­pects of EV ad­op­tion, from reg­u­lat­ory frame­works which en­dorse the rol­lout of EVs, to the speed and avail­ab­il­ity of char­ging in­fra­struc­ture (in­clud­ing in­ter­op­er­ab­il­ity), as well as in­cent­ives for com­pan­ies and con­sumers.The growth in EVs presents a num­ber of op­por­tun­it­ies for in­vestors, the most sig­ni­fic­ant of which are pro­jec­ted to be in pub­lic EV char­ging net­works and cor­por­ate fleets. There are a num­ber of path­ways open­ing up for the de­ploy­ment of EV in­fra­struc­ture. At present, it is un­clear as to which busi­ness mod­el(s) will suc­ceed, with di­verse range cur­rently be­ing pur­sued by char­ging in­fra­struc­ture pro­viders and in­vestors, each of which has dif­fer­ent ap­proaches in terms of rev­en­ue streams, de­mand risk, loc­a­tion and speed of char­ging.The fu­ture of char­ging in­fra­struc­ture is just around the corner, with ori­gin­al equip­ment man­u­fac­tur­ers (OEMs) such as BMW and Vaux­hall already launch­ing EV mod­els that can be powered wire­lessly.In ad­di­tion, the use of hy­dro­gen fuel cell vehicles may provide an al­tern­at­ive, once the tech­no­logy is more com­mer­cially ma­ture, with de­vel­op­ments in hy­dro­gen re­fuel­ling tech­no­logy un­der­way in Cali­for­nia, China, Ger­many, Ja­pan and South Korea.This re­port is one of four sup­ple­ments, ex­pand­ing on the find­ings of our 2018 Con­nec­ted Fu­ture re­port and our 2017 CMS In­fra­struc­ture In­dex. The 2019 In­fra­struc­ture In­dex will be avail­able at the end of 2019.
June 2019
CMS Con­sumer Products Glob­al Bro­chure
As lead­ing ad­visers to the con­sumer products sec­tor, we help com­pan­ies cre­ate, de­liv­er, and sell their goods, pro­tect­ing their in­nov­a­tion and mar­ket po­s­i­tion every step of the way. We work with top FM­CG, fash­ion & lux­ury, house­hold goods, and food & bever­age com­pan­ies, as well as re­tail­ers.


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June 2018
De­sign­er food: mis­lead­ing rep­res­ent­a­tions and Brexit
An­nu­al Re­view 2017-2018
EU Product Li­ab­il­ity Dir­ect­ive still an ad­equate tool, ac­cord­ing to EC...
Con­sumer or­gan­iz­a­tion claim against NN Group amount­ing to bil­lions
PIP-case: ECJ cla­ri­fies scope of no­ti­fied body’s re­spons­ib­il­it­ies un­der...
Leg­al de­vel­op­ments in product li­ab­il­ity
With re­strict­ive le­gis­la­tion and re­cent land­mark cases, the med­ic­al in­dustry is un­der in­creas­ing leg­al pres­sure
Provid­ing Product Li­ab­il­ity ex­pert­ise in Lifes­ci­ences
CMS launches Glob­al Product Li­ab­il­ity Team in Lifes­ci­ences
Dam­age to a com­pany car: who is li­able for the in­sur­ance ex­cess?
Toe­p­assing van de bil­lijkheidscor­rectie bij pro­por­tionele aans­prakelijkheid?
Aans­prakelijkheid van de tax­ateur: de waarde van de waar­der­ing