AUTOMOTIVE & DISTRIBUTION - Noerr · for alleged guarantee and good will work or cease and desist...

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0 Noerr Distribution Expertise AUTOMOTIVE & DISTRIBUTION ENGLISH

Transcript of AUTOMOTIVE & DISTRIBUTION - Noerr · for alleged guarantee and good will work or cease and desist...

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Noerr Distribution Expertise

AUTOMOTIVE & DISTRIBUTION ENGLISH

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THE TEAM SETS STANDARDS WITH REGARD TO CURRENT DEVELOPMENTS. JUVE Handbook 2012/2013 (Distributions/Retail/Logistics)

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We have advised well-known automobile manu-facturers and importers in all automotive sectors and on all automotive issues for many years. In this area, we distinguish ourselves in particu-lar with our special expertise in advising on dis-tribution cartel law and contract law, as well as with our forensic activities. We are proud of the fact that numerous auto-mobile manufacturers and importers regularly place their trust in us. This is the best confirma-tion of our day-to-day advice and our excellent expertise in the automotive sector. There is good reason for the fact that these companies have trusted us for many years: on the basis of our comprehensive experience as advisors to the automobile industry and our specific exper-tise in the area of distribution law, we offer our clients perfectly tailored solutions to their dis-tribution law issues. Finally, our global network (our own offices in eleven jurisdictions and partner law firms ex-perienced in automobile distribution law) en-sures that our clients also receive appropriate answers to the specific issues affecting the globalised automobile industry.

“A leading practice for distribution and franchise law, which is consolidating its excel-lent position with notably international work and high-volume projects.”

JUVE Handbook, 2012/2013

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Development and implementation of car distribution systems in Germany, Europe and worldwide

Structuring of distribution models, such as direct distribution, distribution via official distributors, commercial agents, mixed dis-tribution systems

Drafting and review of distribution con-tracts (in particular master supply and pur-chasing agreements, quality assurance agreements, contracts for official distribu-tors, authorised repairers, commercial agents, component supplier agreements, general conditions of purchase and sale)

Alignment of cooperation, supply, purchas-ing and distribution agreements with distri-bution cartel law (e.g., MVBER, VBER, TTBER, SBER, RDBER)

Alignment of cooperation, supply, purchase and distribution agreements with public law requirements (in particular German Product Safety Act and REACH)

“Noerr advises many notable companies whose distribution systems contribute sub-stantially to their business success. Noerr has been the first choice for various auto manufac-turers and importers for years.”

JUVE Handbook, 2011/2012

E-mobility issues

Investment in dealerships

Advice regarding distributor insolvencies

Entry and exit of automobile manufacturers to and from the German market

Defence in and out of court against claims (e.g. compensation, repurchase, insolvency challenge, authorisation and investment reimbursement claims)

Assertion in and out of court of claims (such as claims for the reimbursement of wrongfully granted sales aids, credits, fees for alleged guarantee and good will work or cease and desist claims due to the unauthor-ised use of trade marks by independent repairers, independent importers and inter-mediaries)

Advice and support regarding contract ter-minations for good cause (e.g. due to non-compliance with standards, obtaining sales aids by fraud, unauthorised relocation of facilities)

Coordination and support for product re-calls (product liability, product recall man-agement, management of product liability law court cases etc.)

OUR SPECIALIST KNOW-HOW for every situation

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We also make a decisive contribution to the shaping of legal discussions in the area of auto-motive distribution law. A selection*: Ströbl/Kugler: Data protection in distribution (lecture, 23 November 2012, 12th Distribution Law Practice Forum, Cologne) Ströbl: Launch of electric vehicles – special distri-bution law issues for e-vehicles/hybrid vehicles (lecture, 22 March 2012, Automotive Conference 2012, Noerr LLP, Munich) Ströbl: Extent of claims of car dealers for reim-bursement of expenses with regard to warranty work (BB 2012, p. 1625 et seq.) Ströbl/Lamberti: Obligation in breach of general terms of business to participate in the direct debit process does not lead to incongruent coverage in the meaning of Sec. 131(1) German Insolvency Code (InsO) (discussion of Bremen Regional Court judgement of 27 May 2011, file no. 23 O 240/10; BB 2011, p. 1812) Wendel: Authorised repairer fails in workshop test: extraordinary termination of the repairer agreement without warning? (BB 2010, p. 1801) Wendel: Competition law issues in component supply agreements (lecture, 21 October 2010, Automotive Conference 2010, Noerr LLP, Munich)

“Noerr enjoys a place among the leading firms in distribution and franchising because of its expan-sion of distribution aspects across the board.”

JUVE Handbook 2011/2012

Wendel/Ströbl: Automobile distribution from 2010 onwards – regulatory framework – options – perspectives (lecture, 5 October 2010, Noerr LLP, Frankfurt am Main) Ströbl: The effectiveness of a dealer agreement in case of insolvency of the car dealer and the in-solvency administrator’s right to choose (com-ment on Higher District Court Düsseldorf decision of 18 December 2009, file no. 16 U 160/09; EWiR 2010, p. 159 et seq.) Ströbl/Lamberti: Reimbursability of costs of automobile suppliers for follow-up tests due to defective servicing carried out by an authorised repairer (discussion of Bremen Higher Regional Court judgement of 23 April 2010, file no. 2 U 92/09; BB 2010, p. 1819) Ströbl: Extraordinary termination of the dealer agreement in case of insolvency of the car dealer (BB 2009, p. 1201)

PUBLICATIONS & Lectures

5* Translated titles of German publications and lectures

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Wendel: Comments by EU Commission – Will the BER on car distribution disappear? (BB 2008, p. 1294)

Wendel: Car distribution in Europe will only be reorganised in part (BB 2009, p. 1817) Wendel/Lamberti: Sales of contractual products outside authorised networks (WRP 12/2009, p. 1479 et seq.)

Wendel: Automobile distribution after 2010 – options in view of the VBER (lecture, 4 December 2008, Forum Seminar, Cologne)

Ströbl: Insolvency in distribution (lecture, 27 November 2009, 9th Distribution Law Practice Forum, Frankfurt am Main)

Wendel: No compensation claims of a car dealer for spare parts pursuant to Sec. 89b German Commercial Code (HGB) (GRUR 2007, p. 748)

Ströbl: Still an open question: applicability of Sec. 88 German Commercial Code (HGB) out-side the law on commercial agents with regard to claims for taking back contractual goods after termination of a dealer agreement? (WRP 2008, p. 1423)

Wendel/Ströbl: Claims for taking back spare parts after termination of a dealer agreement and sub-sequent repairer agreement? (comment on the decisions of the Frankfurt am Main Higher Re-gional Court of 31 May 2006, file no. 21 U 25/05 and 1 August 2006 and file no. 11 U 13/06; WRP 2006, p. 1336)

Ströbl: Nissans new network – effectiveness of the first restructuring termination in Germany pursuant to Art. 3(5) BER No. 1400/02 – what are the consequences? (together with Dr. Carsten Reimann, LL.M.; BB 2008, p. 1462)

Ströbl: Compensation claims of a car dealer in case of sale of customer data to a third party (comment on the German Federal Court of Justice (BGH) decision of 28 June 2006, file no. VIII ZR 350/04; BB 2006, p. 2258)

Ströbl: Restructuring termination of car dealer agreements is effective (together with Dr. Carsten Reimann, LL.M.; BB 2008, p. 1417)

Wendel/Ströbl: No compensation claims of a car dealer pursuant to Sect. 89b Commercial Code (HGB) in case of insolvency of the car dealer (comment on Frankfurt am Main Regional Court decision of 23 March 2005, file no. 3-9 O 3/05; WRP 2005, p. 999)

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YOUR CONTACTS

Dr. A. Dominik Wendel Partner T +49 69 971477121 [email protected]

Dr. Albin Ströbl Associated Partner T +49 69 971477136 [email protected]

Noerr LLP Börsenstraße 1 60313 Frankfurt am Main Germany

Noerr LLP Börsenstraße 1 60313 Frankfurt am Main Germany

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NOERR

International network Noerr is a leading European commercial law firm with 470 professionals in Germany, Europe and the U.S.A. Our core business is providing excel-lent, partner-led and interdisciplinary legal and tax advice, which is academically based, innova-tive and result-oriented.

We guarantee top-level international legal ad-vice with our own offices in eleven jurisdictions and a network of “best friends” law firms. We are the exclusive German member of Lex Mundi, the worldwide leading association of independent commercial law firms. Together with the companies of the Noerr

group, we also develop sustainable solutions for financing and management.

Capacity in Central and Eastern Europe We are particularly present on the markets of Central and Eastern Europe. We were one of the first Western commercial law firms to open our own offices there. We have continuously built on this lead with experience and networking in in-dustry, politics and administration. With more than 130 professionals, we are one of the leading law firms in Central and Eastern Europe.

Listed groups and medium-sized family compa-nies as well as financial institutions and inves-tors, rely on the excellent advice we provide. Interdisciplinary solutions Our lawyers, tax advisors, auditors and manage-ment consultants are among the leading experts in their fields. We combine their extensive ex-perience in integrated solutions tailored to the special requirements of our clients. This interdis-ciplinary approach offers our clients innovative and comprehensive solutions to specific individ-ual issues.

Our offices Germany: Berlin, Dresden, Düsseldorf, Frankfurt, Munich Central and Eastern Europe: Bratislava, Budapest, Bucharest, Kiev, Moscow, Prague, Warsaw Western Europe/USA: Alicante, London, New York Industry know-how

We understand the businesses of our clients: besides excellent professional knowledge, our experts also have extensive experience in the industries they advise. Our industry-focused groups range from automotive and energy, banking and finance and insurance to pharma-ceuticals, real estate and retail.

Noerr group Noerr – Noerr Consulting AG – TEAM Treuhand GmbH – Noerr AG Wirtschaftsprüfungsgesell-schaft Steuerberatungsgesellschaft

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OFFICES

Alicante Noerr Alicante IP, S.L. Paseo de la Explanada 2, 2º izq. 03002 Alicante Spain T +34 96 5980480 Berlin Noerr LLP Charlottenstraße 57 10117 Berlin Germany T +49 30 20942000 Bratislava Noerr s.r.o. AC Diplomat Palisády 29/A 811 06 Bratislava Slovak Republic T +421 2 59101010 Bucharest S.P.R.L. Menzer & Bachmann - Noerr Str. General Constantin Budişteanu nr. 28 C, Sector 1 010775 Bucharest Romania T +40 21 3125888 Budapest Noerr & Partners Law Office Fő utca 14-18 1011 Budapest Hungary T +36 1 2240900

Dresden Noerr LLP Paul-Schwarze-Straße 2 01097 Dresden Germany T +49 351 816600 Düsseldorf Noerr LLP Speditionstraße 1 40221 Düsseldorf Germany T +49 211 499860 Frankfurt am Main Noerr LLP Börsenstraße 1 60313 Frankfurt am Main Germany T +49 69 9714770 Kiev Noerr TOV Vul. Khreschatyk, 7/11 01001 Kiev Ukraine T +380 44 4953080 London Noerr LLP Tower 42 25 Old Broad Street London EC2N 1HQ United Kingdom T +44 20 75624330

Moscow Noerr OOO 1-ya Brestskaya ul. 29 125047 Moscow Russian Federation T +7 495 7995696 Munich Noerr LLP Brienner Straße 28 80333 Munich Germany T +49 89 286280 New York Noerr LLP Representative Office 885 Third Avenue, Suite 2610 New York, NY 10022 USA T +1 212 4331396 Prague Noerr s. r. o. Na Poříčí 1079/3a 110 00 Prague 1 Czech Republic T +420 233112111 Warsaw Noerr Sp. z o.o. Spiering Sp. k. Al. Armii Ludowej 26 00-609 Warsaw Poland T +48 22 5793060 www.noerr.com

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Noerr Distribution Expertise Automotive & Distribution by Dr. Albin Ströbl Frankfurt am Main, January 2013 © Noerr LLP

Excellence Creating Value

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