Martin Krüger is a Dutch product compliance attorney and partner at MAAK Advocaten in Amsterdam, where he leads the EU product compliance practice. He advises manufacturers, importers and distributors on the regulatory obligations that attach to a product before it reaches the market, and defends them when a regulator or a claimant says those obligations were not met.
What does Martin Krüger advise on?
He advises on EU and Dutch product safety law: conformity assessment and CE marking, technical documentation, market access requirements, product recalls and withdrawals, and the liability that follows when a product causes damage.
The work spans the full lifecycle of a product. Before market entry it is a documentation and classification question. After market entry it becomes an enforcement question, and often a litigation one, whether against a market surveillance authority or a commercial counterparty.
How does Martin Krüger help with CE marking and conformity?
CE marking is a declaration by the manufacturer that a product meets the applicable EU requirements. He advises which directives and regulations apply, what the technical file must contain, and who carries the obligation when a product is rebranded or imported.
That last point catches companies out most often. An importer who puts its own name on a product can take on the obligations of a manufacturer, and a distributor who modifies a product can do the same. See product compliance in the Netherlands.
What happens during a product recall?
A recall is a regulated process, not a commercial gesture. It involves a risk assessment, notification to the competent authority, a corrective action plan and communication to end users, each on its own timetable.
He assists with the decision itself, with the notification, and with the disputes that follow: who bears the cost, and whether the supply chain contract allocates it at all.
Does Martin Krüger litigate as well as advise?
Yes. He is an experienced Dutch litigator in commercial disputes between companies and in proceedings against market surveillance authorities, including objections and appeals against enforcement decisions and administrative fines.
Which legal areas has Martin Krüger registered with the Netherlands Bar?
He has registered civil law (general practice), civil procedural law and litigation as his principal legal practice areas in the register of the Netherlands Bar. Each registered area carries an obligation of ten training credits per calendar year.
In which languages does Martin Krüger work?
He works in Dutch, German and English. For manufacturers selling into the Netherlands from German-speaking markets, that removes a translation layer from technical documentation and from correspondence with the authorities.
Which clients does Martin Krüger work with?
Manufacturers, importers and distributors of regulated products, ranging from machinery and electrical equipment to medical devices, chemicals and consumer goods. He also holds the position of Product Law Officer of the International Bar Association.
What happens if a market surveillance authority intervenes?
An authority can demand documentation, order a product off the market, impose a penalty payment or a fine, and publish its decision. Each of those is a separate decision that can be challenged on its own terms.
The practical difficulty is that the commercial damage is done by the measure itself, long before any appeal is decided. That is why the first response to an inspection matters more than the eventual procedure: what you hand over, what you state, and what you do not.
Who is liable when a product causes damage?
Product liability attaches in the first place to the producer, but the definition is wider than it looks. An importer bringing a product into the EU, and anyone presenting themselves as the producer by putting their name on it, can be treated the same way.
Contracts within the supply chain rarely settle this cleanly. An indemnity between manufacturer and distributor governs their relationship with each other; it does not bind the injured party. See product liability in the Netherlands.
When should you contact Martin Krüger?
Contact him before a product enters the EU market, when an authority announces an inspection or imposes a measure, when a recall is under consideration, or when a product has caused damage and liability is disputed.
MAAK Advocaten was founded in 2016 and is based at Kraanspoor 34, 1033 SE Amsterdam.
