The law includes new and more specific provisions on commercial agency contracts (Art. 155 et seq.): the termination notice of at least 60 days to be notified to the other party; the right of the agent to request a goodwill indemnity, amounting to one month’s average commission for each year the agent has been bound […]
Finland ratified the Rome Convention on June 26th, 2006 and started its application on September 1st, while for Luxembourg, Estonia, Austria, Cyprus and Germany, who ratified the text last summer, the Convention is applicable from October 1st and November 1st, 2006. More recent ratifications of Greece and Lithuania will enter into force respectively on December […]
The database containing more than 130 judgements and decisions on agency and distribution matters, issued by the European Court of Justice, the Tribunal of First Instance and the European Commission, is available online in the EU Section of the IDI website. […]
The translations into Slovenian 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 Slovenia, Katarina Kresal. New bibliographic references to articles and books on commercial agency, distribution, franchising and similar contracts can be consulted […]
In particular, pursuant to Article L 330-3 of the Commercial Code that compels the franchisor to provide all the necessary information to the future franchisee within twenty days from the conclusion of the contract, the franchisor created a file presenting the local market, based on a “survey [of potential customers] realised in the last ten […]
The EC Commission carried out an extensive market investigation under Article 81 of the EC Treaty, regarding REPSOL’s supply contracts. As a result, the mentioned contracts were supposed to violate the European Rules on restrictive business practices. REPSOL undertook a commitment to terminate the long-term supply contracts with its service stations, subject to compensation. Following […]
The case concerned an agency agreement which gave the principal the right to amend the agent’s territory where the agent failed in the principal’s reasonable opinion to maximise sales opportunities. The court decided that it was reasonable in the circumstances for the principal to conclude that the agent was not maximising sales, and that consequently […]
The case was first presented before the labour section of the Court of Nuoro, where the agent claimed the payment of indemnity after termination of the contract calculated pursuant to Article 1751 c.c., which implemented the EC Directive and provides an amount of the indemnity equal to a yearly indemnity calculated on the average of […]
In article 142 of the Law of Industrial Property we found: – The requirements of existence of the franchising agreement: a license to use brands and the transfer of technical knowledge. – The purpose of the transfer of knowledge: allow the franchisee to offer products and services of the same quality as the products […]
The claim was based on Article 764.3 of the Polish civil code, which implemented Article 17.2 of the 86/653 Directive (German System). According to such Article: “§ 1. After the termination of the contract of agency, the agent may demand from the principal a compensating performance, if the agent, within the duration of the contract […]
These modifications can be summarised in the following points: Royal Decree 419/2006 introduces some modifications to the definition of franchise activity (art.2.1) referring it to a particular market. The definition of Franchise agreements is also clarified by including a list of activities that are not are considered (or not necessarily considered) as franchise. For instance, […]
The IDI international occasional intermediary model contract, and The IDI international occasional intermediary contract for a single deal Two essential tools for lawyers and practitioners involved in negotiating, drafting and managing international distribution contracts of this kind. Furthermore, in the same section of the site, the IDI balanced short-forms of agency and distribution agreements are […]
The country reports on commercial agency of Czech Republic, Greece and Lithuania, as well as the country reports on distribution of Greece and Lithuania are now available in the Reports Section of this website. The IDI Website welcomes the contribution of the new Country Experts: Mr Petr MRAZEK for the Czech Republic, Ms Spyridoula TSIROU […]
However, the labour courts have always attempted to protect the employees of the distributors, agents, concessionaires and franchisees in case of bankruptcy of their employers by using a protective device contained in our labour laws. This protective device is section 30 of our labour Code (LCT) that establishes the joint liability of the principal in […]
The agreement contained a non-compete clause preventing the distributor from selling certain other beers in competition with the supplier’s beer. The question of validity of this non-compete clause was left open, but the court was asked to decide the issue of severability. In other words, would the invalidity of the non-compete clause bring about the […]
Clarity concerning the competence of the agent to represent the principal in the law suits. Pursuant to Art. 119/I of the Turkish Commercial Code (TCC), the commercial agent is competent to send notifications and protests and take delivery of such correspondences concerning his field of activity. However, this competence is limited with the contracts that […]
On 14 April 2005, an accession Convention to the 1980 Rome Convention has been signed in Luxembourg, in order to extend its application to the New EU Member States (Luxembourg 2005 version). Sweden and The Netherlands were the first Member States, which ratified the Convention both on 13th February 2006. Now, also Slovenia, Latvia, Hungary […]
Under the collective agreements condemned by the Court, agents were entitled to receive an indemnity amounting to a percentage (about 5%) of all the commissions earned during the life of the contract, without considering the customers brought by the agent and the benefits obtained by the principal (as required by the European directive and by […]
