Sales to German consumers

From the other side of the border, the German market offers extremely interesting growth opportunities for all Walloon companies.

At first sight, it might be thought that there is no difference for a Walloon company between selling to a German consumer or selling to a Belgian consumer, and that the country where the customer is located is only a detail.

In terms of European law, the consumer's place of residence is of great importance. Indeed, a company is, in principle, free to choose in its general business conditions, the law which applies for the contracts its signs. However, if it exercises its activity in the consumer's country of residence or directs its activity at this country and the contract falls under this activity, the Rome 1 regulation imposes that the law in the consumer's country of residence applies to the contract signed between the consumer and the professional in the absence of a choice of law.

The Rome 1 regulation also imposes that all the legal regulations required in the consumer's country of residence are applied even when another law has been named in the general business conditions. In this case, the law chosen by the parties applies implicitly whenever the provisions of the law for the consumer's place of residence are not mandatory. With the consumer always being the weakest party in such contracts, European law aims to re-establish a form of balance by preventing professionals from choosing a law for the contract that would be largely favourable to it to the detriment of the consumer.

Thus, although the German market is very accessible to Belgian companies, the mandatory provisions of German law must apply whenever Belgians target German consumers.
As an ambassador for Wallonia.be, I can help anyone interested in developing in Germany.