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At Schoenherr we advise leading consumer goods companies on their market entry as well as on expanding in markets through acquisitions as well as supply, distribution and franchising arrangements. In addition, we assist our clients in complying with regulatory requirements, competitive as well as compliance pressures. We have deep knowledge of relevant product labelling, food, and product safety and brand protection laws, and we help our clients to comply with the legal challenges owing to changing consumer behaviour triggered by the ongoing digitalisation of the industry.
We are proud of our expertise in procuring protection for brands and products through ip rights and enforcing these. We check advertising and promotion activity in respect of unfair competition rules and litigate in this respect when needed.
Consumer Credit Directive II: consumer credit legislation for the digital age
A 2020 review of the Consumer Credit Directive (2008/48/EC) ("CCD I") by the European Commission (EC) found that CCD I has been only partially effective in ensuring a high level of consumer protection.
Lessons learned from recent ECJ case law
Even if the original version of the Council Directive 93/13/EEC on unfair terms in consumer contracts has been in force since 16 April 1993 its significance is apparent from the abundance of case law handed down to date. As courts in various jurisdictions increasingly refer to this case law, sellers or suppliers cannot afford to neglect it when drafting their general terms and conditions (GTC).
Nevertheless, the European Court of Justice (ECJ) is still able to surprise consumers and sellers or suppliers with its case law and its consequences.
Romania: DRS packaging to go live soon
The implementation of the deposit return system ("DRS") for bottled water, soft drinks, beer, cider, wine and spirits ("DRS products") in disposable plastic, glass or metal packaging of between 0.1l and 3l, will kick-off on 30 November 2023. As of that date, Romanians will be able to return the packaging of these beverages to the reverse vending machines provided by retailers or producers, as per the legal provisions.
Our UTP info corner summaries the main UTP acts and other acts aiming to curb the exercise of SMP, decisions, supplementing materials, as well as our insights and thoughts on this topic.
industry highlights
We're happy to share some information on a few matters we have advised on in the consumer products & retail industry.