News & Analysis as of

Manufacturers Germany

McDermott Will & Emery

Mobility@McDermott: Monthly Update (02/2024)

1. Ruling of European Court of Justice on jurisdiction in product liability case- Another interesting judgment of the ECJ on jurisdiction in cross-border disputes was handed down on 22 February 2024 in a product liability...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Winter 2024

The oversight obligations of boards continue to expand. Recent enforcement actions and new laws in areas such as cybersecurity, artificial intelligence and supply chains create new challenges for boards, as we explain in this...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (11/2023)

McDermott Will & Emery on

1. Proposal for EU directive for right to repair no longer covering motor vehicles - The European Parliament’s Internal Market and Consumer Protection Committee has voted on a draft report on the proposed EU directive...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (10/2023)

McDermott Will & Emery on

1. European Court of Justice rules on access to electronic vehicle data system- The European Court of Justice („ECJ“) on 5 October 2023 ruled that car manufacturers cannot impose conditions on independent repairers‘ access...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (09/2023)

McDermott Will & Emery on

1. German parliament passes amendment of Competition Act - The German parliament has amended the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen). The changes are intended to speed up sector investigations...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update - 8/2023

1. Federal Court of Justice rules on bank’s right of retention after withdrawal from loan and purchase agreements if consumer sells vehicle Germany’s highest civil court, the Federal Court of Justice (Bundesgerichtshof,...more

McDermott Will & Emery

Mobility@McDermott: Gamechanger for the Supply Industry?

THE CURRENT CLIMATE IN THE AUTOMOTIVE INDUSTRY The Russo-Ukrainian conflict, supply chain disruptions and the lasting impact of the pandemic have shaped our world, leaving no industry untouched. The automotive sector, in...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update - 7/2023

1. FEDERAL COURT OF JUSTICE RULES ON ASSIGNMENT CLAUSE IN T&CS FOR CAR FINANCING - In April 2023, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) ruled that an assignment clause used by a German captive bank...more

Hogan Lovells

Unpacking Germany´s recently published key issues paper on a law for less packaging waste and more multi use

Hogan Lovells on

At the end of June, the German Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (Bundesministerium für Umwelt, Naturschutz, nukleare Sicherheit und Verbraucherschutz – “BMUV”)...more

Hogan Lovells

Let’s talk about “Return Chains” - New Sustainability Requirements under the German Packaging Act

Hogan Lovells on

The new requirements under the German Packaging Act (Verpackungsgesetz, VerpackG) present a challenge and an opportunity for companies that have to re-design their operational processes to comply with the new requirements. If...more

Hogan Lovells

Autonomes Fahren – Neue Verordnung konkretisiert Produkthaftung, Produzentenhaftung und weitere Aspekte

Hogan Lovells on

Die Bundesregierung hat am 23. Februar 2022 die "Verordnung zur Regelung des Betriebs von Kraftfahrzeugen mit automatisierter und autonomer Fahrfunktion und zur Änderung straßenverkehrsrechtlicher Vorschriften" ("Verordnung")...more

White & Case LLP

German Climate Activists File Climate Change Lawsuits Against Major German Car Manufacturers To Prohibit Selling Combustion Engine...

White & Case LLP on

At the beginning of September 2021, climate activists affiliated with German NGO Deutsche Umwelthilfe ("DUH") sent pre-action letters to major German car manufacturers Daimler and BMW and to Wintershall, Germany's largest oil...more

Dechert LLP

In the COVID-19 crisis, our operations in the UK, France and Germany can’t buy hand sanitiser. Can we make our own?

Dechert LLP on

With hand sanitiser gel stocks under pressure worldwide, increasing numbers of businesses are considering how they could begin direct production of their own to ensure that they have sufficient stock for their own use. The...more

Dechert LLP

Impacts of COVID-19 on the Performance of Contracts Under German Law

Dechert LLP on

Key Messages - COVID-19 constitutes a Force Majeure event - if epidemics or pandemics are expressly provided for in the agreement as qualified Force Majeure circumstances and - if acts or orders of the German...more

Hogan Lovells

Germany: Allowing a competitor to implement a characteristic product feature risks loss of its function as an indication of origin

Hogan Lovells on

Higher Regional Court Frankfurt am Main “Exzenterzähne II” (“Eccentric Teeth II”) - The Higher Regional Court Frankfurt am Main ruled that the unique selling point (USP) or “individual character” of a product that serves...more

Foley & Lardner LLP

Electric Cars: Charging Ahead or Losing Speed?

Foley & Lardner LLP on

Anyone following electric vehicle news in the past several months may feel like they are watching a yo-yo: first one analyst will predict an EV boom, and then another analyst will predict an EV sales slowdown. However,...more

Littler

Germany Announces €3 Billion "Artificial Intelligence (AI) Made in Germany" Initiative

Littler on

The German federal government has announced a sweeping new initiative with the stated goal of making “Germany and Europe the worldwide leader in the field of artificial intelligence.” ...more

Dorsey & Whitney LLP

New Registration Requirements for Packaging of Products Destined for the German Market

Dorsey & Whitney LLP on

As part of the new Packaging Act (VerpackG), manufacturers and/or distributors will need to register their products with the new German Packaging Register (“Verpackungsregister”). Registration will be mandatory starting 1...more

Morrison & Foerster LLP

Cos. Must Prepare For Collective Consumer Suits In Germany

German consumers will be able to sue manufacturers and service providers by way of representative action starting on this November — just in time to suspend the statute of limitations for consumer claims based on the exhaust...more

Morrison & Foerster LLP

Collective Actions in Europe: Another Small Step in Germany

German consumers will be able to sue manufacturers and service providers by way of representative action starting on 1 November 2018 – just in time to suspend the statute of limitations of consumer claims based on the exhaust...more

Hogan Lovells

Unitary but toothless? – Limitations to jurisdiction over online EUTM infringements

Hogan Lovells on

German Federal Court of Justice rules on the scope of jurisdiction of national courts - In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action...more

A&O Shearman

Antitrust, distribuzione selettiva e piattaforme online: finalmente i chiarimenti della Corte di Giustizia

A&O Shearman on

Consultazione - È possibile nell’ambito di un sistema di distribuzione selettiva vietare ai rivenditori autorizzati l’utilizzo delle piattaforme online? A questa domanda nel recente passato hanno risposto in modo...more

BCLP

Higher Regional Court Düsseldorf: manufacturer cannot ban retailer from use of price comparison engines

BCLP on

In order to protect brand image, the quality of pre-sale service, and the pricing structure of their products, manufacturers undertake a variety of measures to sell products to their retailers. Thus, clauses which prohibit...more

McDermott Will & Emery

Online Sales Restrictions Remain a Hot Topic: UK CMA Issues Statement of Objections

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On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK competition law by...more

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