On 8 February 2024, the Minister for Small Business, the Hon Julie Collins MP, released the Independent Review of the Franchising Code of Conduct (Code) by Dr Michael Schaper. 1. Summary The Review assessed the fitness for purpose of the Code, with particular regard to the provisions relating to new vehicle dealerships and the […]
The Belgian Code of Economic Law requires disclosing specific information before concluding, amending, or renewing a commercial partnership agreement defined as an agreement: (i)entered between two independent parties, each acting in his own name and on his own behalf, (ii) whereunder the right to use a commercial concept that implies either (a) the use […]
This Decision follows the referrals made in January 2017 by the professional organisation Union de la Bijouterie Horlogerie and the company Pellegrin & Fils. These referrals come in the context of a dispute between Rolex France and its distributors following the network head’s wish to restructure its distribution network in France, which involves reducing the […]
Kuwait has recently enacted a new Law No. 1/ 2024 which was published on 21/1/2024 in the Kuwait Gazette, granting foreign companies the right to set up branches in Kuwait to carry out its work and business without appointing a local contract agent, logistic sponsor, or distributor. The new law aims to eliminate any constraints […]
On 11 January 2024, the Bulgarian Competition Protection Commission (the ‘Commission’) officially adopted a new Block Exemption Decision (the ‘Decision’) of certain categories of agreements, decisions and concerted practices. 1. Prohibited Agreements and Block Exemption Article 15 of the Bulgarian Competition Protection Act (the ‘Act’) prohibits all agreements between undertakings, decisions by associations of undertakings […]
Chitty on Contracts states that a “force majeure clause” is normally used to describe a contractual term by which one (or both) of the parties is entitled to cancel the contract or is excused from performance of the contract, in whole or in part, or is entitled to suspend performance or to claim an extension […]
On June 2, 2023, the Belgian Supreme Court has ruled in a matter concerning the breach of “pre-contractual information obligations” in a franchise agreement. Pursuant to Article 3 of the Law of December 19, 2005 concerning “pre-contractual information in commercial cooperation agreements”, (as revised by article 4, 2° of the law of April 2, 2014), […]
The lawsuit is related to the claim of the franchisor for the collection of the franchise fees for the remaining term of the franchise agreement together along with the penalty clause based on the claim that the franchise agreement between the parties has been terminated by the franchisee without any justifiable ground. The Court of […]
On May 11, 2023, the Belgian Supreme Court has ruled in a matter concerning the immediate termination of a distribution agreement, based on an explicit termination clause. The case concerned the termination of a distribution agreement by Rolex. A contract clause allowed Rolex not only to terminate the agreement in case of contractual breach, but […]
The Supreme Court of India overruled a decision from 2023 regarding the enforceability of arbitration agreements, on which stamp duty was not paid as mandatorily required under the Indian Stamp Act. The Indian Stamp Act provides that ‘stamp duty’ (an indirect tax paid to the Government) must be paid on all instruments on which such […]
With judgement of September 14, 2023 (in the proceeding C-393/22, EXTERIA s.r.o. v. Spravime s.r.o.), the European Court of Justice decided on the interpretation of Article 7(1) Reg. No. 1215/2012, in the context of a contract to enter into a future contract of franchising. Facts On 28 June 2018, EXTÉRIA s.r.o., a company established in […]
Franchisors and parent companies supplying goods for sale in Canada should begin to evaluate and address the ethical standards of their supply chains. Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the “Act”) will impose annual reporting obligations on Canadian businesses […]
This contribution, concerning the role of know-how in the context of franchising agreements, deals with the decision of the Court of Appeal of Cagliari of October 31, 2023, also in view of my previous contribution of July 16, 2018 on the decision of the Supreme Court No. 11256 of May 10, 2018. In such judgement […]
The Danish Maritime and Commercial Court recently rendered judgment on the effectiveness of a termination notice that did not comply with the contractual requirements for termination of an exclusive distribution agreement. In 1988, a Danish supplier of vacuum cleaners entered into an exclusive distribution agreement with a Moroccan distributor for the distribution of certain […]
Saskatchewan could soon become the seventh Canadian province to enact franchise legislation, joining Alberta, Ontario, Prince Edward Island, New Brunswick, Manitoba and British Columbia. The Legislative Assembly of Saskatchewan introduced Bill 149, The Franchise Disclosure Act (the Saskatchewan bill), for first reading on November 9, 2023. If enacted, the Saskatchewan bill would serve as the province’s first […]
A commercial agent received a monthly fixed fee/bonus linked to at least 5 years of work and the achievement of certain targets. After 3½ years, he wanted to terminate the contract and was then confronted with a reclaim. The contractual provisions A commercial agent for rental contracts for printers received a turnover-based commission. Furthermore, he […]
With decision of June 29, 2023 (in the proceeding C-211/22, Super Bock Bebidas SA, AN, BQ v. Autoridade de Concorrência), the European Court of Justice decided on the interpretation of the rules of Reg. No. 2790/1999 and No. 330/2010 on price fixing, in the context of an exclusive distributorship contract. The judgement is very interesting, […]
After several failed attempts at putting in place a distinct data privacy law, the Indian Government finally notified the Digital Personal Data Protection Act 2023 (DPDPA) on 11th August 2023. The following features of the law may be of particular note and importance to foreign franchisees: The law puts in place the power to impose […]
