The draft is composed of 9 articles that provide definitions of franchising, the field of application of the law, the form and contents of the contract, the pre-contractual conduct obligations of the franchisor, the disclosure obligation and the pre-post-contractual non-competition obligations. A franchising contract is defined as an agreement between two independent legal subjects, through […]
Judgement: Fernandez Mirta Liliana c/Aquino Marciana y otro s/ despido, Buenos Aires, 28 February 2007. In this case, the labour court condemned the franchisor for the labour debts owed by franchisee to a former employee on the basis that, despite the franchise agreement is made between independent parties and the franchisor does not exercise any […]
In fact, in the first case dealing with this matter, the Grundig case, decided by the Court of justice on 13 July 1966, the principle was stated that clauses which grant an absolute territorial protection to an exclusive distributor, by preventing parallel imports to his territory: amount to a ‘per se’ violation of article 81 […]
Secondary Activities The UK Regulations took advantage of Article 2(2) of the European Directive on commercial agents by incorporating a provision to the effect that the UK Regulations would not apply to agents whose activities as commercial agents are considered secondary. A Schedule to the UK Regulations provides that the activities of a commercial […]
The text will not repeal the currently in force 2004 Measures on Administration of Commercial Franchising, but rather the two shall co-exist. Nevertheless, as the new Regulations have been promulgated by the State Council while the 2004 Measure have been issued by the Ministry of Commerce, the new Regulations shall prevail in case of conflict, […]
Federal Supreme Court Judgement 4C.2006/2005 of 28 September 2005 In its judgement, the Federal Supreme Court upheld a judgement at the previous instance regarding the termination without notice of an exclusive agency agreement by the manufacturer because the exclusive agent had defaulted on payment and had failed to meet the minimum purchasing obligations. The […]
A new country report on commercial agency in Uruguay is now available in the Reports section of the website, provided by Hector Ferreira, the new IDI Country Expert for Uruguay, whose CV has been included in the IDI Experts web page. All the main laws, particularly rules on commercial agency, provisions on private international law […]
In March 1998 GW adopted new General Sales Conditions, which provided that its medicines would have been sold to Spanish wholesalers at prices differentiated according to the national sickness insurance scheme which would have reimbursed them. In practice, medicines intended to be reimbursed in other Member States of the Community would have been sold at […]
The dispute was related to the question whether the supplier (Peugeot Nederland) was under an obligation to supply the unauthorized dealers and repairers the same diagnostic equipment as supplied to the authorized Peugeot dealers and repairers. The defense of Peugeot Nederland against a claim to this effect by the group of unauthorized dealers and repairers […]
In the present case, the plaintiff was denying as a ground of avoidance the incompetence of the judicial courts, based on an arbitration clause. The Supreme Court rejected the ground, deciding that the application of the Lebanese decree-law No 34 of 1965, as subsequently amended, related to exclusive agency agreements is mandatory for the protection […]
At the beginning of September 2006, the Ministry of Economy issued the Resolution No. (381) regarding cancellation of the Commercial Agencies Registration, that sets out the procedure and the specific conditions under which a commercial agency might be cancelled from the ministerial Register. The main provisions of the new law are devoted to reducing the […]
I. Introduction The issue is very important since in Belgium the unilateral termination of an exclusive distribution agreement concluded for an indefinite period of time that covers part or all of the Belgian territory, is governed by a very unique Act of 27th July 1961 (modified on 13th April 1971). This Act is outmost protective […]
The topic of the Conference will be ‘Organizing the termination of agency and distributorship agreements – The critical issues’. The detailed program, complete with all the sessions, speakers and practical information will be published on the IDI website next week. […]
The translations into Finnish of the IDI balanced short-forms of agency and distribution agreements are now available in the Contracts section of the website, thanks to the contribution of the IDI country expert for Finland, Ville Hailikari. In addition, the Reports section of the IDI website has been improved by introducing new interesting judgements provided […]
‘Must Articles 10 to 13 of Regulation [No 1984/83] be interpreted as meaning that they include within their scope contracts for the exclusive distribution of motorvehicle and other fuels which are nominally classified as commission or agency contracts and which contain the following clauses: the service-station operator undertakes to sell the supplier’s motor-vehicle and other […]
The joined cases concerned the termination of distribution contracts by BMW, with a period of notice of one year, on the assumption that there was for the supplier the necessity of restructuring its distribution network. In fact, Regulation 1475/95 allowed the supplier to terminate the distribution agreement subject to at least one year’s notice in […]
Indeed, under this type of agreement, the principal, unlike the franchisor, remains the owner of the products that are offered to consumers via the distributor (i.e., the “commissionaire-affiliate”), and thus maintains control over both the availability and the sales price of the products. In the abovementioned case (Paris Court of Appeals, 5th Chamber, Section A, […]
«Article 5 of decree-law n°34 dated 11/7/1967 providing: “In spite of any contrary clause, the court of the representative’s activity deals with agency agreement’s disputes”, is related to public order that protects the representation’s rights, especially regarding the cancellation or termination or non renewal of the contract. Therefore, the competence and the arbitration’s clauses inserted […]
