The courts of first, second and last instance dismissed the action. In their opinion the contractual parties may effectively stipulate good reasons which justify immediate termination (as long as they do not concern i.e. unrealistic objectives or other contents contradicting good faith). It would have been up to the commercial agent to proof that no fault was attributable to him (i.e financial difficulties not due to the fault of the agent). In the case at hand the agent had not even alleged such facts.
Gustav Breiter, IDI country expert for Austria.
