Regulation & public law
Businesses need to translate sustainability and product requirements into practical responsibilities across procurement, manufacturing and sales. We advise on contractual allocation, compliance processes and regulatory disputes.
Scope of our advice
Relevant issues include product safety, recalls, packaging, environmental claims, supply-chain information and sustainability reporting. Each regime has its own scope, thresholds and application dates; obligations should not be inferred from a general “ESG” label.
What needs attention
Check what the business actually places on the market and in which role. Supplier assurances need evidence, and a contractual indemnity does not displace statutory duties.
Product and sustainability duties across the supply chain
The assessment begins with the product, economic role and market: manufacturer, importer, distributor and service provider may have different duties. Product safety, packaging, cybersecurity, environmental claims and reporting rules must be separated by their scope and applicable dates. We help identify the evidence needed to support conformity, claims and customer requests. A supplier certificate or broad ESG statement should be checked against the actual requirement it is supposed to satisfy.
How the legal work is organised
The implementation plan links legal requirements to product development, procurement, marketing and incident handling. Contracts can allocate testing, information, cooperation and recourse, but do not displace statutory responsibility. We review documentation flows and escalation when data is missing or a safety concern arises. For recalls or corrective measures, the response coordinates authorities, customers, distribution partners and insurers as appropriate. Sustainability requests also require a distinction between mandatory obligations and a customer’s voluntary procurement standard, which may still become contractually binding if accepted.
Four practical examples
Illustrative scenarios explaining typical legal issues; these are not statements about specific client mandates.
Product recall
A safety concern emerges after distribution. We coordinate legal assessment, notifications, contractual recourse and a documented response.
Practical approach. The response needs traceability of affected products and a clear division of operational responsibility. Legal recourse against a supplier should be considered alongside the immediate measures needed to address the safety concern.
Green marketing
A company plans a broad environmental claim. We examine the evidence and wording before publication.
Practical approach. Evidence should match the scope of the claim, including any qualification or comparison. A narrowly supported fact should not be expanded into a general claim about the whole product or business.
Supplier questionnaire
A customer requests extensive sustainability information. We distinguish legal duties from contractual demands and negotiate proportionate commitments.
Practical approach. The response should identify which information is held, which needs verification and which commitment would require new controls. Agreeing a questionnaire without qualification may create obligations beyond existing statutory duties.
Packaging changes
An importer faces new packaging requirements. We allocate documentation, testing and compliance responsibilities across the supply chain.
Practical approach. The implementation schedule should consider product design, stock, supplier information and documentation. Allocate each task to an operational owner and check the applicable transition rules for the products concerned.
Preparing the first discussion
Prepare product descriptions, market and supply-chain information, technical and conformity records, labels, marketing claims and customer questionnaires. Identify who manufactures, imports and places the product on each market. For a suspected defect or incident, preserve the affected batches, complaint history and distribution records so the response can be targeted and supported by evidence.
Related expertise
Competition & merger control · Public procurement & concessions · State aid & subsidies
Discuss your business matter
Tell us which parties and countries are involved, what you want to achieve and whether a deadline is approaching. We will clarify the scope, the appropriate legal team and the fee arrangements before work begins.
Reference: EU legislation and case law. English translations of German legislation may lag behind the authoritative German text. Application depends on the facts and the relevant current law.