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...

The EU Commission fines Guess € 39.821.000,00 for antitrust violations regarding its selective distribution network in the EEA.

EU, 01 February 2019
On December 17, 2018 the European Commission condemned three companies of the clothing Group “Guess” to a fine of € 39.821.000,00, for having imposed restrictions on online advertising (Google Adwords), online sales, sales outside their allocated territories and resale prices, to the members of its selective distribution network in the European Economic Area.

SPAIN: The abolition of the Spanish franchisors’ registry.

SPAIN, 14 January 2019
Law 7/1996, regarding ordinance of retail trade, regulated for the first time the franchise activity in Spain through a single article, 62, whose point 2 provided that the physical or legal persons who intend to develop in Spain the franchising activity should be registered, if so, in the Registry that will be established by the correspondent public administrations.

EU: The activity performed by commercial agents under the EC Directive 653/86: a recent judgement of the Court of Justice (Zako c. Sanidel, 21/11/2018).

EU, 14 January 2019
The European Court of Justice, on November 21, 2018, issued a decision (in the case C-452/17) concerning the definition of commercial agent, as per Article 1 of the EC Directive 86/653, with respect to the performance of the activity on an “itinerant manner” and to the performance of further activities other than the negotiation (and conclusion) of the sale or purchase of products for the...