SPAIN: Distribution Contracts. Goodwill compensation: not enough to be “fair”: it is necessary an objective module for its calculation.

SPAIN, 15 July 2019
In a judgment of the Supreme Court (Judgment 712/2018 of December 19), it has been stated that the goodwill compensation (clientele) in distribution agreements cannot be granted only based in a generic “justice” or “fairness” criteria without any objective module for its calculation.

TURKEY: The latest tendencies under Turkish case law.

TURKEY, 15 July 2019
Supreme Court Decisions on: i) goodwill indemnity claim of an insurance agency, ii) application of a post non-compete covenant within a franchise agreement, iii) onerous clause determination within a franchise agreement.

NORWAY: Appeal Court decision on immediate termination, identification between franchisee and owner and how to prove a loss.

NORWAY, 15 July 2019
In a recent decision from the Appeal Court (Eidsivating lagmannsrett, LE-2018-63987), the court found that the franchisor had terminated the franchise agreement with immediate effect without sufficient cause. However, the franchisee was not entitled to damages as no losses were documented.

CHINA:Franchisor’s Liability for Failure to Disclose in the People’s Republic of China (the “PRC”).

CHINA, 15 April 2019
In this appellate court decision regarding a franchise agreement dispute, the Shanghai IP Court dismissed the Franchisee’s claim for the termination of the Franchise Agreement due to the Franchisor’s failure to make disclosures. In deciding this case, the court mainly relied on the lack of substantial negative impact caused by the Franchisor’s failure to disclose.

ITALY: How the new trade secrets’ protection affects the content of the commercial agreements, in particular the distribution contracts.

ITALY, 15 April 2019
The Italian Decree no. 63/2018, dated May 11, 2018, implemented the rules contained in the EU Directive 2016/943 “ on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure ”, modifying the Italian Industrial Property Code.

GREECE: Greek jurisprudence 2018 on franchising agreements.

GREECE, 15 April 2019
Injuction 2916/2018 of Court of First Instance of Athens on non-competition clause and Decision 14509/2018 of Court of First Instance of Salonica on termination of the contract for due cause.

ITALY: Abuse of economic dependence in relation to franchise agreements.

ITALY, 18 March 2019
Article 9 of Law 192 of 1998 on subcontracting regulates the abuse of economic dependence in the following terms: Abuse of economic dependence 1. The abuse by one or more undertakings of the position of economic dependence in which a customer or supplier undertaking is, in or against them, shall be prohibited. An economic dependency is a situation in which an undertaking is able to cause, in its...

LITHUANIA: The Supreme Court's judgment of 2018-04-13.

LITHUANIA, 18 March 2019
2018-04-13 The Supreme Court of Lithuania issued a ruling explaining some important issues regarding commercial representation: - regarding the criterion of the main activity in relations of commercial representation - regarding the recognition of a commercial representation contract as unlawful and award of a fine

NETHERLANDS: New proposed Dutch Franchise Bill grants franchisees far reaching veto rights and may restrict innovation and entrepreneurship.

NETHERLANDS, 18 March 2019
After quite a long run-up the Under-Secretary of Economic Affairs and Climate, Mona Keijzer, presented, on 12 December 2018, a new draft bill on franchise to the franchise sectory for the purposes of consultation.