IDI News
From members and country experts all around the world
UK: Agent for supply of downloaded software not protected by UK Regulations.
UK, 19 November 2018
The English Court of Appeal has decided in Computer Associates v The Software Incubator that an agent who represents a principal supplying software by electronic download only is not a commercial agent within the meaning of the UK regulations implementing the European directive on commercial agents.
SPAIN: a recent case law on goodwill indemnity in agency agreement.
SPAIN, 19 November 2018
Clientele remaining with the Principal; advertising by the Principal and prestigious brand: reduction on the maximum compensation.
POLAND: Verdict of the Polish Supreme Court dated February 15, 2018, I CSK 487/17.
POLAND, 19 November 2018
Polish Supreme Court ruled that, pursuant to the Polish Civil Code, payment of the commission is a necessary element of the agency agreement and that del credere clause is valid, provided that the agency agreement stipulates the remuneration for the agent.
ITALY: The consideration of the post-contractual non-competition obligation can be excluded in agency contracts.
ITALY, 15 October 2018
In recent years, the Italian Supreme Court issued two important judgments (Cass. No. 12127 of June 11, 2015 and No. 13796 of May 31, 2017), excluding the onerousness of the post-contractual non-competition agreement of the agent.