Update Commercial 2025
In the Noerr Update Commercial 2025, our team once again presents the most important developments in commercial and contract law.
In 2024, contract drafting was again significantly influenced by numerous new court decisions. Notably, judgments on the written form requirement for WhatsApp messages, the effectiveness of price adjustment clauses in standard terms and conditions, and the negotiation of individual contract terms were particularly relevant. Other key topics include warranty exclusions and waivers of setting time limits before terminating contracts. Additionally, significant upcoming legislative changes, such as the Data Act and the new EU Product Liability Directive, are relevant for companies to consider early on when drafting their contracts.
Antitrust rules on sales and distribution continued to play an important role in administrative and judicial practice. Companies are well advised to carefully consider antitrust frameworks when designing and implementing supply and distribution contracts.
Moreover, the regulatory requirements for digital business models continue to increase. New EU initiatives and recent court decisions pose additional challenges for e-commerce businesses. Notable topics include accessibility, product safety and the withdrawal button, which present companies with new legal obligations.
Franchise, authorised dealer and commercial agent law were also the focus of court decisions in 2024. A judgment handed down by Augsburg Regional Court regarding the liability of franchisors for unfair practices by their franchisees and significant changes in legislation are having a significant impact on the franchise industry. Key areas of focus are the German Bureaucracy Reduction Act, no-poach agreements (non-solicitation agreements) and COVID-19 subsidies. In authorised dealers law, the decision of Düsseldorf Higher Regional Court on the legality of contractual competition restrictions in vertical relationships is particularly relevant in practice. Cologne Higher Regional Court dealt extensively with questions of commercial agency law, focusing on statements of account, compensation claims and the definition of documentation under section 86a of the German Commercial Code.
The Federal Court of Justice reaffirmed its previous position on voluntary representative action in leasing situations and clarified the obligations of the parties involved in determining the extent of damage. Meanwhile, the Court of Justice of the European Union has provided clarity on consumers’ rights to withdraw from mileage-based leasing contracts without a purchase obligation.
Finally, courts of various instances have revisited issues related to logistics and transport law. Beyond jurisdictional questions and the applicable liability regimes, the focus was on the principles and scope of liability for damage.
Our Noerr Update Commercial 2025 offers you a comprehensive overview of these and other recent developments, providing practical recommendations for companies.
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