News

District Court of Freiburg builds upon the ECJ's case law on suspected defects.

Category: product liability , compliance Industry: healthcare, consumer goods Author: Philipp Reusch , Saskia Wittbrodt Date: 2019

In a recent judgment of 2 August 2019 (Case No.: 1 O 460/11), the District Court of Freiburg ordered a prosthetic hip manufacturer to pay compensation more...

New national laws for the medical devices industry

Category: compliance , product liability Industry: healthcare Author: Miriam Schuh Date: 2019

Content of the Medical Devices Implementing Act (MDG), successor to the present Medical Devices Act (MPG) more...

Defects: agreed-upon quality vs. required use

Category: product liability , contract law Industry: consumer goods, healthcare, cosmetics Author: Philipp Reusch , Saskia Wittbrodt Date: 2019

Requirements for agreements as to quality and required uses. In its Judgment of 20 March 2019 (Case No. VIII ZR 213/18), the Federal Supreme Court

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Reversal of the burden of proof extended: what sellers should know.

Category: contract law , compliance Industry: automotive, consumer goods Author: Philipp Reusch , Saskia Wittbrodt Date: 2019

In accordance with the provisions of Directive 2019/771/EU on certain aspects concerning contracts for the sale of goods, the period for reversing the more...

List of criteria for horizontal audits in the private sector published

Category: data protection Industry: automotive, machine construction, railway Author: Dr. Carlo Piltz , Moritz zur Weihen Date: 2019

The Lower Saxony Data Protection Authority (DPA) has published a list of criteria for horizontal audits in the private sector. What do companies need more...

Labeling requirement for electrical devices

Category: product safety , product liability Industry: consumer goods Author: Philipp Reusch , Melanie Pradel Date: 2019

Failure to label a device in accordance with the Electronics Act constitutes a competitive violation in terms of the Act Against Unfair Competition more...

Implant card vs. implant registry

Category: compliance , product safety Industry: healthcare Author: Miriam Schuh Date: 2019

The implant card and implant registry are both designed to improve patient safety, but should be strictly distinguished more...

INCOTERMS 2020 – revision of commercial terms

Category: product liability , contract law Industry: automotive, machine construction, railway Author: Daniel Wuhrmann , Jan Sune Krey Date: 2019

The publication of INCOTERMS 2020 is imminent. It is expected to bring numerous changes in widespread terms and conditions of supply. more...

Company notifications within the context of the RAPEX system

Category: compliance , product liability , recall management Industry: automotive, machine construction, consumer goods Author: Philipp Reusch , Saskia Wittbrodt Date: 2019

How the new RAPEX guidelines specify the notification requirements for companies which market hazardous products. Article by Philipp Reusch and Saskia more...