Dr. Roland Hartmannsberger has been focusing on product liability and product compliance for many years. In this field, he advises German and international companies on all product requirements, product labeling and reporting obligations towards authorities, among other things, and represents them in cases of violation of legal requirements (including administrative offense proceedings). As certified specialist lawyer for administrative law (Fachanwalt für Verwaltungsrecht), he has extensive experience with official and administrative court proceedings. Dr. Hartmannsberger provides comprehensive support in product crises, including cross-border cases. This includes the identification of legal obligations, communication with the authorities and, if necessary, the accompaniment of field measures (recall). He also regularly advises on securing and enforcing recourse claims against suppliers and defending against claims for damages by customers or injured parties. Furthermore, his practice includes reflecting product law requirements in the supply and distribution chain (e.g. in QA, QM and purchasing contracts) as well as the enforcement of or defence against claims under competition law for product law infringements.
Dr. Hartmannsberger worked for many years in major international law firms and gained international professional experience by working in San Diego, Shanghai and London. He is a certified specialist lawyer for administrative law (Fachanwalt für Verwaltungsrecht) and author of numerous specialist publications.
- 2019: Founder and Partner of Hartmannsberger Franke, Düsseldorf
- 2016 – 2019: Lawyer and Partner at Hoffmann Liebs, Düsseldorf
- 2015 – 2016: Lawyer and Partner at McDermott Will & Emery, Düsseldorf
- 2006 – 2015: Lawyer at Gleiss Lutz, Stuttgart and Berlin (secondments in Shanghai and London)
- 2011: Certified Specialist Lawyer for Administrative Law
- 2004 – 2006: Assistant Professor at a Public Law Chair of the University of Augsburg
- Environmental Risks in Major Projects in Germany, Practical Law, 1 Feb 2017
- Competition Law Consequences of Violations of Formal Product Requirements, GRUR-RR 2016, 433
- Product Safety Law is becoming increasingly important, w.news 10/2016, p. 50 f.
- Legal Requirements for Consumer Products – Obligations, Risks, Practical Problems, NJW 2014, 113
- On the Contestability of Violations of the EMVG under Competition Law, Comment on LG Düsseldorf, Judgment of July 5, 2013 – 38 O 70/13, InTeR 2014, 109
- Higher Product Liability Risks for Manufacturers – The Consequences of the Amendment to the Consumer Information Act, InTeR 2013, 37
Turning point in EU law for genetic engineering in agriculture – liability situation in Germany in urgent need of adjustment
After green genetic engineering had been practically dead in the EU for almost 15 years due to the strict regulatory framework, there are now signs of a fundamental change of dogma at EU level. The proposal for an NGT regulation recently presented by the EU Commission is tantamount to a revolution.
Shortly before the EU Market Surveillance Regulation (Regulation (EU) 2019/1020) comes into force, the EU Commission’s proposal for a replacement of Directive 2001/95/EC (Product Safety Directive, “PSD”) was published on 30 June 2021 (COM(2021) 346 final). Fundamental changes and innovations are planned.
One of the most significant changes introduced by the Market Surveillance Regulation (EU) 2019/1020 (“MSR”) concerns import controls by customs authorities. The EU Commission (rightly) sees import controls as an important instrument for reducing non-compliant products from third countries and thus also for reducing security risks.
Almost two years after the adoption of the Market Surveillance Regulation (EU) 2019/1020 (“MSR”), the national implementation is now imminent. This is one of the most significant changes in product and market surveillance law in the last ten years. The MSR will apply in its entirety from 16 July 2021.
On 25 November 2020, the Representative Actions Directive (EU) 2020/1828 (“RA-Directive”) was adopted. It must be implemented by the member states within two years and applied by mid-2023 at the latest.
In its judgement of 11.3.2020, the Essen Regional Court (Case No. 44 O 40/19) granted a claim for injunction and damages under competition law on account of the sale of electrical products to which only English-language instructions for use and English-language safety information were attached.
After several attempts and many years of negotiations, the EU Market Surveillance Regulation was published on 25 June 2019 (Regulation (EU) 2019/1020, OJ EU L 169, 1 ff.). This is probably one of the most fundamental legal developments in the non-food sector in the last 20 years.