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Breach of contract in a cross-border contract with an Ohio company
Last week I had received an inquiry from a company regarding the purchase of a machine. A German company purchased a processing machine in a sales transaction from a US-American business partner in Ohio. In the contract per Incoterms a pickup EXW by the German company was agreed. No special contractual provisions have been agreed.…
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A brief summary of the EU Dual-Use Directive
For advisory activities in export control, the EU Dual-Use Regulation is one of the most important legal sources. In the following, I would like to highlight the most important aspects. In doing so, I will look at the legal situation from Germany’s point of view. Apart from a few deviations, however, it is identical throughout…
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Possibilities and limits of Price Adjustment Clauses
Already last year, I highlighted the topic of price adjustment clauses in an article. Today I – again – would like to shed some light on this topic. In doing so, I would like to illuminate new aspects and point out more recent developments. Here, I will restrict myself exclusively to such clauses in b2b…
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The new amended Russia sanctions in the context of cross-border service activities
An ongoing topic of the last year, which still dominates my legal advice, are the Russia sanctions, which the EU has imposed / tightened after the Russian invasion of Ukraine. Legally, this regards EU Regulation 833/2014 (Link). * Specifically, the case involves a German construction investor who has been active in Russia for more than…
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Restrictions on letters of credit (LC) under Algerian jurisdiction
Yesterday I had a case with a rather unusual country focus. A German company wants to sell a water treatment plant worth several million euros to Algeria to a local company there. The contract in this regard is currently being negotiated. * In view of the high investment sum, our company has a legitimate interest…
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Reporting obligations for CEOs on business trips within the EU
Today I had a consultation in the subject area of cross-border labor law. Specifically, a business trip of a managing director from Germany to Italy was to be examined under employment, social security and tax law. * I was able to assess the social security and tax risks quite quick. With regard to social insurance,…
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CEO Liability under Chinese Law
Last week I had a consultation regarding a company acquisition. My client intends to acquire shares of a Chinese corporation. At the same time, my client wants to take a management position in the target company. In this context, the question arose whether this would also give rise to special liability risks. Today’s article is…
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US Warranty Law in a nutshell
In my consulting work, I have recently been dealing more and more with export transactions to the United States. In addition to product liability law and customs regulations, warranty law also plays a role. In today’s article, I would like to shed some light on this particular area of law. * Basically, the law of…
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5 facts about Chinese Real Property Law
Last week I had a telephone consultation on a rather more exotic area of law, Chinese real property law. I would like to explain my key takeaways on the topic. Specifically, I have summarized these into 5 quick facts: * Number 1: According to Article 10 of the Chinese Constitution, land is owned by the…
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Myths about Russian IP law in 2022
Today’s geopolitical developments have a strong influence on my daily work. It is therefore not surprising that I also have more and more questions about Russian law on my desk. Though not a standard area in my daily work, today I will shed light on Russian IP law and, in particular, on the current developments…
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– Commercial Law Blog by Matthias Fuehrich, LL.M. (法学硕士)
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