Non-contractual legal violations can affect many business situations, including product liability for defective goods that cause damage to customers or third parties, unfair competitive practices such as imitation, market displacement, or the unlawful use of trademarks or company logos, unlawful termination of contract negotiations, and internet-related offenses such as identity theft, defamation, and online reputation damage. Even outside of any contractual relationship, the affected company can hold the responsible third party liable. However, it is crucial to act quickly to secure evidence and comply with statutes of limitations. Our lawyers specializing in international, commercial and trade law can help you classify the specific legal violation, gather necessary evidence, and enforce your claims in the appropriate court.

The European Union provides a uniform instrument applicable to all member states: the EU Regulation “Rome II” on the applicable law of non-contractual obligations. According to this regulation, the law of the country in which the breach of duty occurred, or the damage arose generally applies. This means that if a German company suffers damage abroad, the case may be subject to a foreign legal system with regulations that differ significantly from those in Germany, particularly with regard to limitation periods, liability requirements, presumptions of burden of proof, and compensation regulations.

The EU Rome II Regulation applies to many situations, including product liability and product safety liability, unfair competition, infringement of intellectual property rights, termination of contract negotiations, and digital offenses, such as cyberattacks, online defamation, and data protection violations.

Our lawyers specializing in international, commercial and trade law will assist you in determining the applicable legal system and represent your interests in court or arbitration proceedings in Germany, France, or a third country in close cooperation with our foreign colleagues from our a-Global partner network.

Even if your company did not manufacture a defective product – for example, if the defect is due to a faulty component from a supplier or subcontractor – you may still be liable as the product’s seller, distributor, or importer. This form of liability is common in international trade. If a defective product that you distribute causes damage, the customer or a third party can assert claims directly against you.

Our lawyers specializing in international, commercial and trade law can help you put appropriate contractual safeguards in place, particularly through hold harmless clauses in your contracts with suppliers and subcontractors.

Should an international dispute arise in product liability, our lawyers specializing in cross-border litigation will represent your company before state courts or arbitration tribunals in Germany, France, or a third country. In proceedings abroad, we collaborate closely with our foreign colleagues from our a-Global partner network to successfully defend your interests.

In an international context, the applicable law is usually determined by where the damage occurs. This rule raises key questions, particularly in cases of unfair competition or digital offenses. Where exactly does the economic damage occur? In which market does the impairment arise?

The answer to these questions has a significant impact on the success of legal action. Our lawyers specializing in international, commercial and trade law carefully analyze which legal system and court are most favorable to your interests, thereby maximizing your chances of success. We support you in Germany, France, and third countries, working closely with our foreign colleagues from our a-Global partner network.

In an international context, applicable law is typically determined by where the damage is suffered. This rule raises key questions, particularly in cases of unfair competition or digital offenses. Where exactly does the economic damage occur? In which market does the impairment arise?

The answers to these questions significantly impact the success of legal action. Our lawyers specializing in international, commercial and trade law carefully analyze which legal system and court are most favorable to your interests, thereby maximizing your chances of success. We support you in Germany, France, and other countries, collaborating closely with our foreign colleagues from our a-Global partner network.