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IDI, 17 December 2020
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POLAND: Statutory possibility of breaking the non-competition agreement by the principal (due to COVID-19).

POLAND, 17 December 2020
During the period of an epidemic emergency or a state of epidemic caused by SARS-Cov-2 virus in Poland, a provision is in force that allows the principal to terminate the non-competition agreement in force after the termination of the agency agreement with a short 7-day notice period (Article 15 gf of the Act on special solutions related to the prevention, counteraction and combating of COVID-19).

NEW ZEALAND: Water Babies International Limited v Williams and Others.

NEW ZEALAND, 17 December 2020
I have recently been involved in the important case of Water Babies International Limited v Williams and Others and I acted for Water Babies of the United Kingdom.

UK: Winkworth Franchising Limited v Callum Mason.

UK, 17 December 2020
This case was heard in the High Court in London in July 2020.

EU - IRELAND: No "negotiation" for the Court of Justice of the European Union on commercial agent status.

EU - IRELAND, 16 November 2020
On 24 December 2018, the Tribunal de commerce de Paris ( Commercial Court ) referred the following question on the interpretation of Directive 86/653/EEC on the coordination of the laws of the Member States relating to self-employed commercial agents ( Directive) to the Court of Justice of the European Union ( CJEU ):

SPAIN: International agency with decrease of sales. Clientele indemnity includes lost clients. Applicable law and competent courts.

SPAIN, 16 November 2020
International Agency Agreement. The Court has analyzed the Agent obligations regarding minimum sales when not contractually foreseen, not paid commissions and clientele compensation including commissions paid to clients already lost. The Court also makes some remarks about evidences and time-limit to claim past commissions. In this multi-million judgement Spanish law was of application and...

CHINA: Recent Appeal Decision regarding the definition of a franchise and the right of unilateral termination in franchise agreements.

CHINA, 16 November 2020
A very common feature of domestic PRC franchise cases is that the alleged franchisor disputes that its agreement is a franchise agreement.

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IDI, 14 October 2020
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NETHERLANDS: New Dutch Franchise Act has been adopted.

NETHERLANDS, 14 October 2020
After a self-regulatory process which led to the Dutch Franchise Code in 2016 and a previous draft franchise act which was rejected, the Dutch Franchise Act (“ Wet franchise ”) has been adopted by the Dutch Parliament and lastly by the Dutch Senate on 30 June, 2020.