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commercial contracts

Schoenherr's experts advise on legal questions concerning commercial contracts and consumer protection laws.

"Schoenherr have particularly impressed us with their flexibility, having the right CEE coverage and their business thinking. We saw very good teamwork across borders."



Every economic activity is based on a number of contracts, whether standard contracts, including general terms and conditions, or specially negotiated contracts. Not all business transactions always run smoothly, so that out-of-court and judicial disputes can also occur. At Schoenherr we have significant experience in advising clients in all these aspects of commercial law:

  • We advise on the establishment and structuring of new business operations as well as on the entire range of commercial activities.
  • Our dedicated team is especially skilled in drafting complex contracts and representing clients in contractual negotiations B2B.
  • We advise our clients during ongoing business operations in all matters relating to commercial contracts so that possible points of dispute can be identified at an early stage and solutions can be offered to avoid disputes.
  • We have the expertise necessary to minimise product liability risks for our clients and guide them safely through difficult situations. We also assist in setting up the necessary processes and structures (such as quality assurance systems), in the establishment of recall management systems and in preparing risk assessments. We take care of communications with the authorities, execute cross-border warnings and recalls and assist in official proceedings (e.g. fine proceedings), as well as in judicial proceedings on recourse claims.
  • We also represent our clients in related disputes, such as disputes relating to contractual law, liability cases, and cases involving recourse claims. 

our services

  • commercial contracts (examples: distribution, supply, franchising, agency, co-development, manufacturing and fabrication, consultancy, etc.)
  • establishment of business operations
  • establishment of distribution channels
  • e-commerce compliance
  • distance selling compliance
  • general terms and conditions
  • platforms and website terms of use
  • electronically concluded contracts
  • consumer finance laws
  • product liability
  • consumer protection laws
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Controversial amendments to the Macedonian gambling regulation

North Macedonia is currently in the process of amending the Games of Chance and Entertainment Games Act (the "Gambling Act"). Earlier in February, the Macedonian Parliament adopted the amendments to the Gambling Act, but President Stevo Pendarovski declined to sign the Decree for entry of the amendments into force, consequently returning them for further redrafting.


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.


EuGH 25.01.2024, C-810/21 Caixabank ua | Schoenherr Financial Services Litigation News

EuGH 25.01.2024, C-810/21 Caixabank ua: Beginn einer zehnjährigen Verjährungsfrist für einen Anspruch auf Rückforderung geleisteter Zahlungen aufgrund missbräuchlicher Klauseln erst ab Kenntnis des Anspruchs.


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consumer protection

consumer protection group

Schoenherr's consumer protection group provides in-depth legal advice in all consumer protection-related matters.

consumer protection group



our team

Schoenherr's experienced commercial contracts team advises clients in all aspects of commercial law.

meet the team