Regulation 2 provides that, in order to fall within the Regulations, the agent must have continuing authority to negotiate the sale or purchase of goods on behalf of the principal. This definition has been taken from the EU Directive, according to which: ‘a commercial agent must (..) make proper efforts to negotiate and, where appropriate, […]
In the case submitted to the Court, the agent proceeded against the principal in order to obtain the indemnity in compliance with Article 27, J of Federal Law n. 4886/65, modified by Federal Law n. 8420/92. According to said Article, the amount of the indemnity due to the agent in case of unjustified termination by […]
It should however be said that the 2005 Hague Convention has a more limited scope than the European rules because it applies only where the parties have agreed upon a choice of court agreement, while the Brussels and Lugano conventions (as well as Regulation 44/01) are also applicable in the absence of a choice made […]
General remarks. A main problem of these principles is that they try to set common rules for contracts that are substantially different, without making the necessary distinctions. In fact the contracts covered are: agency, franchising, exclusive distribution, selective distribution and exclusive supply, which have rather different economic functions and where the parties have rather different […]
The Notice refers to Order [2004] No. 8 of the Chinese Ministry of Commerce, issued on April 16, 2004 and effective since June 1, 2004 (‘Measures for the Administration on Foreign Investment in Commercial Fields’), which requires foreign investors to carry on agency and distribution activities through foreign-funded enterprises established in China. Particularly, according to […]
The decision of the French Supreme Court (No. 02-10566 of January 11, 2005 – Auchan France v. Levi Strauss Continental) confirms the above mentioned principle and states that the third party, who sells the manufacturer’s products, without being a member of the network, commits an act of unfair competition against the manufacturer. The decision also […]
According to the new Regulation, the term ‘commercial franchise’ refers to the operation in which a franchisor, through an agreement, grants the franchisee the right to use business operating resources including trademarks, trade names, operational model, etc., which the franchisor has the right to grant to others to use; the franchisee, on the other hand, […]
According to Article 1751 of the civil code, which implements Article 17(1) of the directive (‘German system’) the agent has right to indemnity if and to the extent that: he has brought new customers or has considerably increased business with the existing customers and the principal continues to derive substantial benefits from the business with […]
The definition of franchising contracts includes any agreement between two parties, legally and economically independent among one another, through which, on the one hand, one gives to the other the right to use some of its intellectual and industrial property rights specifically indicated (e.g. trademarks, know-how, technical assistance), against compensation. On the other hand, the […]
One of the major issues of this legislation is the agent’s right to be indemnified when the contract is terminated. The directive gives the States the possibility to choose between two solutions, based on the systems in force respectively in Germany and in France: the ‘German’ indemnity which is only due if the agent has […]
