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, 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, 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.
SAUDI ARABIA, 18 November 2019
After many years of drafting, discussions, negotiations and revisions, the Saudi Franchise Regulations (the "Regulations") have finally been approved by the Council of Ministers in its meeting on 8 October 2019; the Law was published in the official gazette (Um Al-Qura) as Royal Decree M/22 of 9/2/1441H. on 25 October 2019.
ITALY: Amendments to the Italian trademarks rules, with particular reference to agreements concerning the use of trademarks.
ITALY, 18 November 2019
On February 20, 2019 the Legislative Decree no. 15 was issued on the approximation and harmonisation of the laws of the Member States concerning trademarks implementing the Directive (EU) 2015/2436 and in order to render the laws of the Member States consistent with Regulation (EU) 2015/2424.
DENMARK: Franchisor did not breach franchise agreement by allowing the opening of a supermarket close to franchisee's supermarket.
DENMARK, 18 November 2019
The case concerned a franchise agreement regarding the operation of a supermarket.
AUSTRIA: The "service commission" is actually part of the regular commission for transmission of business (Austrian Supreme Court April 29, 2019 - 2...
AUSTRIA, 18 November 2019
In commercial agency contracts, there are sometimes breakdowns of the commission for conclusion, support during assembly, extensions, maintenance contracts and even for "support". A dispute arises when the principal wants to cut it because the support has not or has no longer been provided. The fundamental character of such "service commissions" must be questioned.
AUSTRALIA, 15 October 2019
This is an update to our April 2018 and October 2018 articles published in the IDI April and October newsletter on the Senate Franchising Code of Conduct inquiry.
PORTUGAL, 15 October 2019
In Portugal, the possibility of seeking goodwill compensation in relation to franchising contracts remains controversial. This note summarises generally the framework as well as highlighting some recent court cases in Portugal which although not binding are persuasive.