IDI News
From members and country experts all around the world
SWITZERLAND: The proof of damages in case of a premature termination of a distribution agreement: new guidelines by the Swiss Supreme Court.
SWITZERLAND, 15 July 2019
On 3 January 2018, the Swiss Supreme Court rendered a new judgment related to the termination of an exclusive distribution agreement (judgment 4A_27/2018).
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.