The Supreme Court considered that the condition laid down in the clause had not been fulfilled, namely the Rossi family’s loss of control over the company (that is the licensee)’s management body. This judgment was issued on the basis of the following grounds: – Marco Rossi had remained Chairman of the Board of Directors of […]
Consequently, when the agent must strictly apply prices/discounts and conditions of sales/purchase/service fixed by the principal or when the agent is assigned to contact and search prospects or commercial leads (French Supreme Court, commercial section, 3 Oct. 2000, no 97-19999; 6 March 2001; 20 January 2015, no 13-24231; Versailles Appeals Court, 23 April 2020, no 18/08750), […]
In a recent decision on Dalian Hongcheng Catering Management Co., Ltd. vs Li Cheng (Franchisee) (in Chinese, 大连弘程餐饮管理有限公司 诉 李成)[1], the intermediate court of Dalian city upheld the franchisor’s claim on the amount of royalties that were payable by the franchisee based on the reason that the franchisee failed to provide its monthly gross revenue […]
According to the Supreme Court of Justice, the differentiating element between a commercial agent and a distributor is that the first performs a mandate in an independent and stable manner in an established territory as a representative or agent of a local or foreign business for one or more of its products. This means that, […]
The Q&A Paper is also available in the special reports section (https://www.idiproject.com/documents/reports?country=Italy) and will be constantly updated, also with the addition of the contributions for further countries. Q&A on COVID-19 IDI Editorial Board […]
Although there is not a clear and generally shared definition of online platforms, it is commonly considered that they include a wide range of entities, such as: online marketplaces, social media, app stores, price comparison websites, platforms for the collaborative economy, food-delivery platforms as well as search engines. Pursuant to the European Commission’s Communication on […]
The companies are supspected of sharing the market. Prohibited actions are indicated by evidence obtained among others during searches at business premises. It is not the first intervention connected with a possible collusion of truck dealers undertaken by the President of the UOKiK; there are other proceedings against five truck dealers already pending. UOKiK learned […]
From 2007 to 2017 the distributor MARCOM MEDIA S.L was dedicated to selling products of the manufacturer’s brand WELCH ALLYN INTERNATIONAL VENTURES INC. BRANCH IN SPAIN in the Murcia region. The Court classified the contract as distribution, even if it was verbal, given that there was its main characteristic, namely, the purchase with resale of […]
Nonetheless, there are circumstances that may arise in the future which legitimately prevent one or both parties from being able to comply with their contractual obligations without having to provide redress to the other party (exonerating circumstances), or which allow the parties to renegotiate the initial terms of the contract. In this article we will […]
In this context, the Judgment rendered on 13th of December of 2018 by the Hight Justice Court of Madrid annulled partially an arbitral award in a dispute arose between a Argentinian franchisee and a Spanish franchisor in relation to the breach of a pots-term non-competition covenant in a franchise. The agreement was submitted to Spanish […]
This is an essential requirement for the deduction from income tax, of the payments made by the licensee to its licensor. Since November 3, 2011, the Colombian Government considered that for control in tax, custom and exchange matters purposes, it was necessary to assign to the Colombian Tax Administration (hereinafter DIAN), the competence to register […]
In fact, maybe you didn’t know that… IDI members have access to all the content on the IDI website, which provides anyone involved in distribution with many useful tools for their activity, namely: – legislation of more than 140 Countries; – detailed country reports on agency, distribution and franchising of more than 60 Countries, […]
The parties(1) had entered into a commercial agency agreement in 2010. Approximately 2½ years later, the principal sent a Standard Operating Procedure (SOP) for the agent to sign. The SOP contained terms limiting the commercial agent’s rights to inform and answer questions from customers. The agent refused to sign the SOP. In consequence, the principal […]
In addition to the new contributions, you will find updates for Italy, Poland and Slovenia. The Q&A Paper is also available in the special reports section (https://www.idiproject.com/documents/reports?country=Italy) and will be constantly updated, also with the addition of the contributions for further countries. Q&A on COVID-19 Silvia Bortolotti, IDI Secretary General […]
Companies have been and are still under an urgent need to understand, for example, whether and to what extent any breach or delay in fulfilling their contractual obligations could be considered justified by the circumstances and by possible Government restrictions imposed on them as a result of the pandemic; by way of contrast, they need […]
The ongoing Corona crisis poses a number of problems and businesses are facing particular challenges including problems in distribution, or more generally in international trade, in all countries. The pandemic situation frequently affects the supply relationships between suppliers and customers. This leads to cooperation between companies and also to some unilateral actions that are particularly […]
In the context of international contracts unforeseen events may occur (or actually occur) which make the fulfilment of contractual obligation impossible or impracticable. In presence of these force majeure situations the party affected by the impediment is relieved from performance and will consequently not be exposed to the consequences of its non-performance, such as penalties, […]
The Act accompanies measures already adopted in the areas of financing, labour law and tax law. Fundamental principles of civil, insolvency and corporate laws will be temporarily suspended or modified. In addition to a large number of other changes, the following topics should be highlighted, which may have consequences for franchisors, franchisees and franchise […]
