Commercial Law/ Contract Law
Commercial law plays a significant role in day-to-day business for virtually all of our clients. Purchase and supply contracts, agreements setting out the organization and structure for product distribution, general terms and conditions of companies, the scope of covenants not to compete and any permanent cooperation are shaped decisively by the law merchant. A well-negotiated and formulated written contract proves its worth in particular when the contracting parties no longer trust each other.
We have developed general terms and conditions (AGB) for numerous companies from a wide variety of industries. We provide extensive legal advice on distribution law, notably on the law applicable to commercial agents, and on the development of selective distribution or franchising systems. We have drafted contracts on national and international commercial transactions and assisted with their implementation (indemnity bonds, letters of credit). Again and again, disputes with respect to the existence and scope of covenants not to compete gave rise to legal proceedings.
Over the years, some of the cases we handled that revolved around commercial law included the following:
- Draft and regular adaptation of the general terms and conditions of numerous companies, including in the fields of online media, publishing, trade, the supply of energy, passenger transportation
- Restructuring of the nationwide advertising sales of a publisher (sales territories, commercial agent contracts)
- Draft of a complex cross-border supply agreement in the optical industry
- Restructuring of the distribution system of a medical product manufacturer
- Enforcement of claims for compensation of a commercial agent against a publishing group in the million-euro range
- Defense of claims made by a German glass manufacturer against a Swiss customer due to the alleged violation of a contract on the international sale of goods
- Legal expertise on the type and scope of various covenants not to compete in distribution agreements and subsequent legal proceedings
- Enforcement of claims of a commercial agency against a utility company in the million-euro range
- Complex legal dispute with supplier and customers in a warranty case