Commercial - Verträge

Aktuelle eAlerts

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  07/08/2024

  United Kingdom

  A timely reminder of UCTA 1977 – what role can it play in the legal aftermath of the CrowdStrike outage?

  The outage caused by the CrowdStrike update is already being talked about as the largest IT failure in history, reportedly impacting 8.5 million devices and thousands of businesses. Once the immediate effects of the outage on impacted businesses have been resolved and devices brought back online, we expect that the focus will turn to what IT providers and customers can learn from the CrowdStrike outage to mitigate against similar future events.IT providers and customers, many of whom use standard terms of business similar to those offered by CrowdStrike, are reminded of the importance of the Unfair...

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  26/07/2024

  Niederlande

  Streamlined Disclosure in Post-M&A Litigation: Insights from the NCC's Enforcement of Contractual Disclosure Clauses

  The Netherlands Commercial Court (NCC) has set a precedent in a post-merger and acquisition (M&A) dispute by enforcing a contractual disclosure clause, thereby granting the seller extensive rights to documents and interviews with key executives. This decision underscores the NCC's commitment to uphold disclosure agreements within contracts and its readiness to facilitate comprehensive evidence disclosure in complex commercial cases.Key Aspects of the NCC RulingIn the dispute, the seller invoked a clause from the share purchase agreement (SPA), compelling the buyer to provide all pertinent information...

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  18/07/2024

  United Kingdom

  Recommerce Reads – Innovating resale: AI considerations for online second-hand retail

  Recent advances in artificial intelligence (“AI”), including in relation to generative AI tools, mean that AI-related stories have become front page news.AI presents a number of benefits and opportunities for businesses, including those operating in the recommerce space. However, before using AI, it is important that businesses are aware of and take steps to mitigate the potential risks associated with AI. In addition, businesses (including UK businesses) using AI in the EU need to prepare for compliance with the EU AI Act, which is due to start applying (in part) from 2 February 2025....

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  15/07/2024

  Niederlande

  Dutch Supreme Court clarifies legal status and implications of mediation clauses

  In a judgment of 12 July 2024, the Supreme Court of the Netherlands (Hoge Raad) clarified the legal status and implications of mediation clauses in commercial contracts. The ruling confirms that such clauses are either non-binding or obligatory, depending on the wording and the parties' reasonable expectations. The court also emphasised that mediation clauses should not unreasonably impair a party’s access to the courts or arbitration, as protected by Article 6 of the European Convention on Human Rights (ECHR).The case involved a dispute between two companies in the occupational health and...

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  11/07/2024

  Niederlande

  Dutch Supreme Court rules EVs falling short of claimed range are non-conforming

  In a landmark decision, the Supreme Court of the Netherlands has held that an electric vehicle (EV) that fails to achieve the advertised range under normal driving conditions does not conform to the contract of sale and can be returned by the buyer. This ruling may have significant implications for the automotive industry and consumer protection in the Netherlands where electric vehicles are becoming increasingly popular, but also subject to a growing number of disputes over performance.The case involved a buyer who purchased an electric car that was claimed to have a range of 480 km according...

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  10/07/2024

  United Kingdom

  Recommerce Reads - Love is in the air: sponsorship deals for the rise of resale

  For those readers familiar with our Recommerce Reads series, you will know that the second-hand industry is becoming part of the mainstream online consumer experience. The number of new entrants to this market is growing and operators are attracting investment, some of which is being deployed to boost marketing budgets and increase consumer awareness.In recent years, exciting collaborations have emerged, with peer-to-peer resale platforms sponsoring TV shows, partnering with influencers and advertising on social media. There are exciting opportunities for retailers and platforms to raise brand...

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