Within the genuine legal review, distinction is made between formal and material requirements for marketability, the formal not being safety-relevant, the material, however, being safety-relevant. Many difficult legal questions, above all with close reference to labelling law (e.g. with the manufacturer’s data, identification marks or CE marking), arise in particular in connection with the formal requirements. Equally central is also determining the safety of the product as a material requirement on products in the case of which the businesses must take into account different legal provisions.
We advise comprehensively on Product Compliance in the non-food area i.e. especially on
- general product safety law,
- low voltage law,
- machinery law,
- toys law,
- personal protective equipment law,
- electromagnetic compatibility law,
- radio equipment law,
- building products law,
- consumer goods law,
- food consumer goods law,
- ATEX law,
- public roads admission law,
- pressure equipment law,
- lift law,
- pyrothecnic law,
- calibration law, and
- sports boat law.
Based on our market surveillance experience, we support our clients in that scenario in the ongoing market surveillance proceedings in order to prevent the imposition of market surveillance measures. If necessary and advisable, we defend the impugned product including before the administrative court having jurisdiction with the aim of having the basic sales prohibition of the market surveillance authority reversed. Overall, we know how to deploy comprehensive cooperation and, if the case so requires, confrontation over the available range of European market surveillance law so that our client can provide its marketable and/or safe (volume) products as rapidly as possible unhindered on the target market.
As legal advisors in tune with the times, we offer our clients newsletters with tailored scope. The objective is to inform our clients at an early stage of all legal developments in product law relevant to them. Typically, we differentiate between short-term, medium-term and long-term legal developments to be observed. Amendments which should be placed on the internal company agenda without delay are thereby immediately highlighted.
The preparation of the risk assessment requires cooperation between technology on the one hand and law on the other. In practice, engineers and technicians from the client working together with us as specialised lawyers functions very well. As lawyers steeped in technology law, we understand the technical language of our clients and employ it as sparring partner in a legally reliable risk assessment. At the same time, our work on the risk assessment aims at a final work product (= the completed risk assessment) which is understood in detail by our client.
The relevant conformity assessment procedure should in each case cover the design and production phase as well. The central foundations for the applicable accreditation and certification law are at EU level Regulation (EC) No. 765/2008 and Decision No. 768/2008/EC as well as, at national level, the Act on the Accreditation Body (Akkreditierungsstellengesetz – AkkStelleG).
We advise, with our specific expertise in accreditation and certification law, in particular notified bodies and economic operators (especially manufacturers and quasi-manufacturers) on all legal questions arising. We prepare for our clients, above all, legal reports on the interpretation of individual legal provisions in accreditation and certification law. In addition, we support our clients in any disputes with other parties (out-of-court and, as the case may be, in court).
Our advice aims at work safety law Compliance in all questions of technical work safety. In that context, we advise our clients in particular on the following work safety elements:
- Safety and Health at Work law (ArbSchG - Safety and Health at Work Act)
- Industrial Safety law (BetrSichV - Industrial Safety Regulation) with Work Equipment Safety law and Industrial Plant Safety law (law of Plants subject to Supervision)
- Work Place law (ArbStättV - Workplace Regulation)
- Work Safety law (ASiG - Work Safety Act)
- Organisation and Delegation issues (§§ 3, 13 ArbSchG)
- Law of danger assessment
- Law of Directions