In that case, an amendment to the franchise agreement and/or the manual is often necessary. In principle, a minor unilateral formula amendment by the franchisor is admissible. Besides, these amendments will not cause problems because as a rule they do not cost the franchisee money, and they favour the formula. But, in court rulings minor […]
An intermediary whose role consisted of presenting and promoting a company’s products, without having the power to enter into contracts on behalf of the company or modify the terms and conditions of sale set by the company, claimed entitlement to commercial agent status. In support of his argument that he had power to negotiate prices, […]
In order to calculate this compensation, all the circumstances should be considered. The Court has then stated that it cannot be calculated only on the gross margins (difference between purchases prices and resale prices) and granting automatically one year average, but it should also be taken into account that the Supplier will be obliged to […]
During the past year, four states and at least 14 municipalities have enacted, or are considering enacting, legislation to increase the minimum wage and/or to provide workers with additional rights or benefits. Many of these laws exempt small businesses or allow small businesses to phase-in compliance over time. [1] However, in at least five jurisdictions, lawmakers […]
Timing and application With effect from 1 January 2015, the current Franchising Code of Conduct (1998 Code) will be repealed, and the New Code will apply to all franchise agreements. Subject to some limited exceptions, this will include franchise agreements entered into prior to 1 January 2015. Franchise agreements entered into prior to 1 October […]
The parties were Agco Iberia S.A. (Massey Ferguson) as Supplier, and the Distributor Agrícola Madrileña who asked for a global indemnity of 1 723 112 euros [including lack of previous notice, non-amortized stock, dismissal of personnel, damages in goods and goodwill (clientele) compensation]. First Instance Court accepted partially the amount claimed (60 % for the […]
Requirement of state registration The state registration of franchise agreements, amendments thereto and termination thereof is required by the Civil Code of Ukraine and the Commercial Code of Ukraine. Even though failure to register the franchise agreement does not entail either nullity or invalidity thereof, absence of the state registration results in the following negative […]
The new Civil Code incorporated the legal developments and court practice of the past decades and takes into consideration the European legislation as well. The new Code affects the activity of companies widely as it introduced some substantial changes and reforms in certain legal institutions and adopted several completely new legal institutions and incorporated also […]
The new bill will introduce some significant concepts and changes to the industry of the commercial agencies in Kuwait, in particular it provides new definition for an agent which includes for the first time the Franchisee and licensee where they will be treated as agent and be subject to the same provisions and sets out […]
The NLRB is a federal agency charged with investigating and remedying unfair labor practices under the National Labor Relations Act. The NLRB’s General Counsel investigates and prosecutes complaints. If the General Counsel’s office elects to prosecute a case, it is heard before administrative law judges at regional NLRB offices, who decide the merits of the […]
The new Regulation introduces a substantial change with respect to the effectiveness of choice of forum clauses in case the same dispute is brought before courts of different countries. This change will be of great importance for the future strategies in drafting contracts and managing disputes within the European Union. Choice of forum clauses are […]
When does a purchaser/reseller become a distributor? Considerations after the Corman – Collins judgment of the European Court. The first presentation (cf. presentation by Didier Ferrier) has distinguished three types of situations corresponding to the matter: An occasional relationship corresponding to an occasional sale or sales, A regular relationship corresponding to successive sales in a […]
Analyzing Expedia : how can § 37 of the Expedia judgment be reconciled with earlier case law (e.g. Völk/Vervaecke) ? The Court of Justice in Expedia clearly states (§ 16) that Völk/Vervaecke is « settled case law ». Consequently agreements restrictive by object which have only an insignificant effect on the market fall outside the prohibition of article 101 […]
The Japanese Institute of International Business Law, is a nonprofit organization, founded in 1962 with a membership of companies, associations and law firms in order to acquire various overseas materials for distribution to members and others, to know about changes in the world economy and to effectively settle the main legal problems arising from the […]
As such reasoning would have a negative impact on dynamics of the commercial and business life, it has been deemed necessary to analyse the issue by taking the relevant regulations of the Turkish Law into account. 1. Regulation Relating to Post Non-Competition Terms in Employment Agreements within the Turkish Code of Obligations Post non-competition […]
The Provincial High Court (Audiencia Provincial) of Madrid in a judgement of June 17, 2014 has analysed the termination of an agency agreement due to the breaching of the Agent’s obligations. In this case, the interesting point was that the not respected obligation was agreed in a separate agreement different to the agency agreement but connected to […]
1. Jurisdiction of English Court in claim for termination payment where Texan law and jurisdiction is expressly chosen The court considered whether the UK court would have jurisdiction to hear a claim for compensation on termination of an agency agreement under the UK regulations where the agreement included a well drafted Texas law and jurisdiction […]
Setting up and managing a compliance program in antitrust and anti-corruption Speakers of the session: Raimondo Rinaldi (PresidentAIGI, General counsel Esso italiana); Fabio Bortolotti (Buffa Bortolotti & Mathis, Torino; President IDI); Andrea Montanari (General Counsel FATA, Sezione AIGI Piemonte-Valle d’Aosta); Annarita Sofia (Confindustria, Rome); Marco Hero (PF&P Rechtsanwälte, Munich, IDI franchising country expert […]
