Home / Expertise / Consumer Products / Product Liability

Product Liability

Netherlands

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.

Read more Read less
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...
Feb 2019
Elec­tric vehicles and char­ging in­fra­struc­ture
The 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...
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...

Feed

Show only
June 2018
De­sign­er food: mis­lead­ing rep­res­ent­a­tions and Brexit
In the European Uni­on, mis­lead­ing ad­vert­ising is un­law­ful. The Un­fair Com­mer­cial Prac­tices Dir­ect­ive pro­hib­its mis­lead­ing prac­tices that con­tain false in­form­a­tion likely to de­ceive the av­er­age con­sumer...
18/05/2018
EU Product Li­ab­il­ity Dir­ect­ive still an ad­equate tool, ac­cord­ing to EC...
On 7 May 2018, the European Com­mis­sion pub­lished its fifth re­port on the per­form­ance of the EU Product Li­ab­il­ity Dir­ect­ive (Dir­ect­ive/85/374/EEC) in the mem­ber states.  The dir­ect­ive in­tro­duced the...
04/04/2017
Con­sumer or­gan­iz­a­tion claim against NN Group amount­ing to bil­lions
On 27 March 2017, two con­sumer or­gan­iz­a­tions, de Con­sumenten­bond and Sticht­ing Wak­ker­pol­is, in­sti­tuted col­lect­ive ac­tions against NN group. The con­sumer or­gan­iz­a­tions claim to rep­res­ent 500,000 cli­ents...
07/03/2017
PIP-case: ECJ cla­ri­fies scope of no­ti­fied body’s re­spons­ib­il­it­ies un­der...
In the PIP-case, a French man­u­fac­turer sup­plied thou­sands of wo­men with (al­legedly) de­fect­ive breast im­plants. Amongst oth­ers, pa­tients in Ger­many star­ted lit­ig­a­tion against the no­ti­fied body in ques­tion...
04/07/2016
Leg­al de­vel­op­ments in product li­ab­il­ity
The med­ic­al in­dustry is un­der in­creas­ing leg­al pres­sure these days ow­ing mainly to a con­sumer-friendly risk en­vir­on­ment. This is evid­ent from re­strict­ive le­gis­la­tion and re­cent land­mark cases, such as...
08/04/2016
Provid­ing Product Li­ab­il­ity ex­pert­ise in Lifes­ci­ences
Our spe­cial­ist Product Li­ab­il­ity Team con­sists of over 40 law­yers across Europe, Rus­sia and China, with in-depth know­ledge of the Lifes­ci­ences in­dustry (in­clud­ing their in­surers).They have a proven track...
05/04/2016
CMS launches Glob­al Product Li­ab­il­ity Team in Lifes­ci­ences
Our spe­cial­ist Product Li­ab­il­ity Team con­sists of over 40 law­yers across Europe, Rus­sia and China, with in-depth know­ledge of the Lifes­ci­ences in­dustry (in­clud­ing their in­surers).   They have a proven...
03 December 2015
CMS Drop-in Product Li­ab­il­ity Lunch
Our spe­cial­ist Product Li­ab­il­ity Team in­vites you to at­tend an in­form­al drop-in ses­sion fo­cused on top­ic­al product li­ab­il­ity is­sues across a num­ber of dif­fer­ent sec­tors (in­clud­ing Life Sci­ences). On Decem­ber...
23 April 2015
Lifes­ci­ences We­bin­ar Series: Product Li­ab­il­ity in Lifes­ci­ences
On be­half of the CMS Lifes­ci­ences Sec­tor Group, we are de­lighted to in­vite you to this year's we­bin­ar series. The we­binars have been de­signed to give you an over­view of the key leg­al is­sues af­fect­ing...
16/05/2013
Dam­age to a com­pany car: who is li­able for the in­sur­ance ex­cess?
The ques­tion fre­quently arises wheth­er the in­sur­ance ex­cess may be charged to the em­ploy­ees if a com­pany car is dam­aged. This is per­mit­ted, provided cer­tain stat­utory con­di­tions are met. Un­for­tu­nately...