EU Sales Law

Recent Articles

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  07/05/2024

  Germany

  Obligation to include a "No Russia clause" in supply agreements

  For some export transactions, re-exportation to Russia must be contractually prohibited. Model clauses present conflicts with German law on general terms and conditions.Companies must keep abreast of the sanctions against Russia, especially when it comes to export transactions, and as far as possible prevent any attempts by their customers to circumvent these sanctions. Companies have been aware of this for a long time. What is new, however, is that since 20 March 2024, companies are legally required to explicitly prohibit re-exportation to Russia or re-exportation for use in Russia in...

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  19/01/2024

  Europe

  Greenwashing: Stricter EU rules on environmental marketing ban misleading and offsetting claims and introduce new information requirements for products, to protect consumers

  On 17 January 2024, the European Parliament voted to adopt the Directive on Empowering Consumers for the Green Transition (the ECGT Directive), which seeks to protect consumers from various misleading marketing practices relating to the environment or sustainability. In particular it bans the use of generic environmental advertising claims like ‘natural’, ‘environmentally friendly’ or ‘biodegradable’ without adequate substantiation, it restricts the use of sustainability labels to those based on official certification schemes or established by public authorities,...

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  24/11/2023

  International

  Carbon Border Adjustment Mechanism transition in effect since 1 October 2023

  On 1 October 2023, a two-year transitional period began for implementation of Regulation (EU) 2023/956, which introduces the Carbon Border Adjustment Mechanism (CBAM). CBAM levies punitive CO2 charges against third-country importers of certain goods and only permits CBAM declarants to import these goods into the EU. Although reporting obligations have been imposed for the two-year transition period, CBAM does not fully go into effect until 1 January 2026.A. General InformationFrom 1 January 2026, importers of specific goods from third countries will be required to pay punitive CO2 charges under...

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  25/04/2023

  England and Wales

  Consumer regulator given 10% fining powers under new consumer law Bill

  10% fining powers confirmed in newly unveiled consumer law Bill:Highly-anticipated proposals for new consumer laws have today (25 April 2023) been published in the Digital Markets, Competition and Consumers Bill (the “Bill”).The Bill propels the UK’s consumer regulator, the Competition and Markets Authority (“CMA”), from having no right to fine for consumer law breaches into having the most aggressive fining regime in any country we know, with penalty fines linked to a business’ annual global, rather than UK-specific, turnover.  The proposals show that the...

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  21/02/2023

  Europe

  Sunrise period of the Unified Patent Court to begin 1 March

  After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023, was postponed to 1 March 2023.Reasons for the postponement of the start of the Sunrise PeriodAccording to an "Implementation Roadmap" published on 6 October 2022, the Sunrise Period was originally to start on 1 January 2023 and the UPCA was to enter into force on 1 April 2023. However, this timeline was changed again by a communication of 5 December 2022. According to the new timeline, the Sunrise...

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  15/02/2023

  England and Wales

  Hot consumer law topics for 2023

  As we ease ourselves into 2023, there has been a recent flurry of activity at UK and EU level in relation to consumer protection law matters. Here is our round-up of the “hot” consumer law topics which consumer-facing businesses should keep an eye on over the coming year, and which are likely to lead to direct enforcement action:1 - Two-tiered EU regime for online platforms and online search engines kicks off this monthThe first deadline under the new EU Digital Services Act (DSA) hits this week, on 17 February. By that date, all providers of online platforms and online search engines...

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