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.

EU: The Guess Decision of the EU Commission: a first analysis.

EU, 18 February 2019
The approach followed by the EU Commission in the Guess decision may have a disruptive impact on many selective distribution networks, including franchise systems across Europe.

DENMARK: The Danish Commercial Agents Act did not cover combined sales of goods and services.

DENMARK, 18 February 2019
The Danish Commercial Agents Act only apply to the sale of goods. The Danish Supreme Court has recently rendered a decision on whether an "intermediary's" combined sales of mobile phones and subscriptions thereto constitute ' goods ' in the meaning of the Danish Commercial Agents Act. The Supreme Court found that the deciding factor is whether the goods constitute the predominant element of the...

LITHUANIA: The latest case-law of Lithuanian courts.

LITHUANIA, 18 February 2019
Recently the courts have had to settle disputes either in connection to a) the classification of civil legal relations between the parties to a franchise agreement, or b) to validity of the franchise agreements / their breaches. Taking into account the above, we present you with summaries from several relevant case law rulings of Lithuanian courts, which we hope will be beneficial to our foreign...