EU: IDI met with the EU Commission in view of the revision of VBER 330/2010.

EU, 17 February 2020
The International Distribution Institute (IDI) had a meeting at the European Commission with the team in charge of the revision of the VBER 330/2010.

MEXICO: Franchising and Data Protection.

MEXICO, 17 February 2020
In Mexico, the franchise agreement will be governed, and subject to the terms agreed, by the parties, as well as by the provisions set out in the Industrial Property Law (“IPL”) and its implementing Regulation and, for aspects not regulated in the IPL, the general rules of the Federal Civil Code and the Commercial Code will apply. Additionally, depending on the franchise, other laws may also...

SPAIN: Goodwill indemnity shall include all the remuneration of the agent.

SPAIN, 17 February 2020
The Supreme Court (Judgement 506/2019 of October 1 rec. 3226/2016 EDJ 2019/700965) confirms that Goodwill Indemnity in an Agency agreement shall consider all the retributive elements of the relationship included in all connected agreements.

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IDI, 20 January 2020
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POLAND: Does the conclusion on the contract on the material liability for entrusted property between the principal and the agent create an employment...

POLAND, 20 January 2020
On the 3rd of April 2019, the Polish Supreme Court (case no. III PK 99/18) has issued a verdict, in which he responded to the question, of whether or not concluding agreements on material liability for entrusted property (typical for an employment relationship), can decide on recognition of the agency agreement, as a contract of employment.

THAILAND: Guidelines on Unfair Trade Practices in the Franchise Business.

THAILAND, 20 January 2020
The Trade Competition Commission (TCC) on 6 December 2019 issue the “Guidelines on Unfair Trade Practices in the Franchise Business”.

ARGENTINA: Recent Argentine case on labour liability of a local franchising company for dismissal of employee working for franchisee.

ARGENTINA, 17 December 2019
Mallo Fondevila Emiliano F. vs. Cichero Fernando J. and others on labour dismissal - Decision of the Court of Labour Appeals chamber IX N° 55832 - Buenos Aires, September 29, 2019.

SWITZERLAND: Goodwill indemnity for distributors remains an exception under Swiss law.

SWITZERLAND, 17 December 2019
In a landmark decision of 2008, the Swiss Federal Supreme Court had ruled for the first time that, under certain circumstances, exclusive distributors have a mandatory claim for goodwill indemnity upon termination of the distribution agreement. This had been the first case in which a Swiss court had accepted to apply by analogy the agency law provision regarding goodwill indemnity to distributors...

URUGUAY: Perpetuity clauses in distribution agreements.

URUGUAY, 17 December 2019
It was recently discussed, in a judicial case in Uruguay, an issue about the difference between distribution agreements with unlimited term and contracts in perpetuity.