Eleonora – Page 30 – IDI

THE NETHERLANDS: Decision of the EU Court of Justice on the preliminary ruling in the proceedings C-3/04 (Poseidon Chartering v. Marianne Zeeschip).

Posted on 19 April 2006 (1 June 2022)

The reference has been presented by the Rechtbank Utrecht in the course of the proceedings brought by Poseidon Chartering that sued Marianne Zeeschip Company claiming damages for unpaid commission and indemnity for the loss of customers after the termination of the contract. Poseidon acted as intermediary in a chartering agreement of a ship concluded between […]

FRANCE: Precontractual information is not necessary if the franchisee has experience to appreciate the economical profile of the contract.

Posted on 16 March 2006 (27 June 2022)

Article L 330-3 of the Commercial Code provides as following: “Any person who provides to another person a corporate name, trademark or trade name, by requiring therefrom an exclusivity or quasi-exclusivity undertaking in order to carry out their activity, shall be required, prior to the signature of any contract concluded in the common interest of […]

UK: Recent decision of the English Court of Appeal on Commercial Agency.

Posted on 16 March 2006 (27 June 2022)

The Directive provides Member States with the opportunity to choose in national legislation implementing the Directive whether agents should be entitled to compensation or indemnity on termination of their contracts. Under English law, the parties may choose between the two systems themselves, but if no express election is made, the parties are deemed to have […]

BELGIUM: The new law of 19 December 2005 on pre-contractual information relating to commercial co-operation agreements.

Posted on 16 March 2006 (27 June 2022)

Entering into force The Law initially approved by the Chamber and the Senate provided for a retroactive entry into effect on 1 September 2005. A later amendment, introduced through a separate legislative act on 27 December 2005, amended the date of entry into force of the Law and empowered the King to determine the date […]

THE IDI WEBSITE FEATURES A NEW COUNTRY: UKRAINE. New country report, materials and key information available from now.

Posted on 21 February 2006 (1 June 2022)

All these materials have been provided by Ms. Tatyana Slipachuk, the new IDI Country Expert for Ukraine, whose CV has been included in the IDI Experts page. The Ukraine distribution report will be published soon. […]

EC Council Regulation No. 44/2001: modification of its Annexes.

Posted on 15 February 2006 (1 June 2022)

On December 27th, 2004 the European Commission has adopted Regulation (EC) No 2245/2004 amending Annexes I, II, III, IV to Council Regulation (EC) No 44/2001 on jurisdiction and the enforcement of judgments in civil and commercial matters. The new Regulation adds lists of rules of national jurisdiction, courts and competent authorities for appeals and redress […]

FRANCE: Decision of the Supreme Court on the amount of the compensation due to the commercial agent after termination of the contract.

Posted on 15 February 2006 (27 June 2022)

The Court of Appeal rejected the agent’s request of including the remuneration for accessory activities, such as stockage, freight, delivery and relevant administrative tasks, in the calculation of the termination indemnity since they were supposed to cover some specific expences that the agent had to bear during the contractual relationship, but were estinguished after the […]

BELGIUM: Supreme Court Decision on Arbitrability of Exclusive Distributorship Agreement.

Posted on 15 February 2006 (1 June 2022)

In addition, pursuant to Article 31.2 the supplier reserved to itself the right to start the proceedings before the ordinary courts of the distributor’s place of business as well as to choose the law of such a place, as the applicable law. In 1997 the Swiss supplier terminated the distributorship agreement observing a period of […]

AUSTRIAN DECISION: Notice Period According to EC-Regulation N. 1400/2002 on Vertical Restraints on Car Distribution.

Posted on 12 January 2006 (1 June 2022)

Pursuant to Regulation 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector, which replaced the previous Block Exemption (EC) Commission Regulation n. 1475/1995 of 28 June 1995 with the aim to ensure an increased level of competition […]

AUSTRIAN DECISION: Single Directions Given to an Agent by his Principal do not constitute “Employment Contracts”.

Posted on 12 January 2006 (1 June 2022)

Said clause granted jurisdiction to German courts, whereas the agent claimed that Austrian Courts had exclusive jurisdiction on the case. According to the agent, his contractual relation had to be deemed as an employment contract, on the ground he had to comply with single directions of the principal and he had attended some advanced trainings […]

Accession of the 10 new EU Member States to the 1980 Rome Convention on the Law applicable to Contractual Obligations (Luxembourg, 14/04/2005).

Posted on 12 January 2006 (1 June 2022)

The 1980 Rome Convention on the law applicable to contractual obligations harmonises the rules of conflict of laws applicable to contracts. It is currently in force among the “old” Members States. By becoming members of the European Union, the new Member States undertook to accede to the 1980 Rome Convention, opened for signature in Rome […]

Recent Decision of the Brazilian Superior Court on Distribution.

Posted on 14 December 2005 (1 June 2022)

In the case at issue, the supplier, after a 27-year period contract, notified the distributor his intention not to renew the distribution agreement. He notified his intention one year and a half before the expiration date, in compliance with the agreement. The distributor sued the supplier claiming loss and damages on the basis of the […]

New Italian Rules Concerning the Foreign Franchisors.

Posted on 14 December 2005 (1 June 2022)

Said regulation specifies some of the information required by article 4, paragraph 2 of Italian franchise law (law of May 6, 2004, n. 129). The decree applies only if the franchisor, before the signature of the franchise agreement, operated exclusively abroad and if the franchise agreement, on the ground of the international private law rules, […]

Decisions of two Lebanese Courts on the Arbitrability of Disputes arised from Commercial Agency Agreements.

Posted on 14 December 2005 (1 June 2022)

In fact, on the one hand, Lebanon is part of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which obliges national courts to decline their jurisdiction where the parties agreed to submit to arbitration possible disputes between them. On the other hand, Article 5 of Decree – Law No. […]

Agreement between the European Community and the Kingdom of Denmark on Jurisdiction and the Recognition and the Enforcement of Judgments in Civil and Commercial Matters.

Posted on 14 December 2005 (1 June 2022)

The aim of this agreement is to apply the provisions of Regulations 44/2001 and its implementing measures to the relations between the European Community and Denmark in order to achieve a uniform application and interpretation of the provisions of Regulation 44/2001 and its implementing measures in all member States. As a matter of fact, Denmark […]

Opinion of the Advocate General on the Italian System of Calculation of the Agent’s Indemnity.

Posted on 15 November 2005 (1 June 2022)

The case With a request for a preliminary ruling, the Italian Supreme Court (Corte Suprema di Cassazione) asked the EU Court of Justice to decide about the compliance of the Italian system of determination and quantification of the agent’s goodwill indemnity provided by the collective agreements (Accordi Economici Collettivi) with the provisions contained in Article […]

Decision of the Polish Supreme Court on Distribution.

Posted on 8 November 2005 (1 June 2022)

On February 12, 1996 a company and an entrepreneur concluded an authorized distribution contract according to which the distributor had to distribute cars manufactured by the supplier. The contract also provided that the supplier was entitled, among other things, to review the documents of the distributor and /or terminate the contract in the event of […]

Judgement of the UK Employment Appeal Tribunal on the Qualification of the Commercial Agent as a Worker.

Posted on 1 November 2005 (1 June 2022)

The Appellant (Mr. Giannelli) was originally employed by the Respondent (Edmund Bell & Co. Ltd.) from February 1988. In the summer of 1997 he decided to leave that employment and become a commercial agent for the Respondent and other Principals. This was designed to help him increase his income and to allow him to sell […]

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