Dear IDI Members, We are glad to inform you that new information and materials are now available on the IDI website. In the last months many country reports of the Reports Section have been updated by IDI country experts and in particular: Agency: Canada; China; Denmark; Estonia; France; Greece; Japan; Norway; Saudi Arabia; Spain; UK; […]
In Europe the Brussels and the Lugano (1) Conventions resolves such issues between parties domiciled within the EU/EEA area. But what if the matter at hand – or one of the parties – does not have any connection to the EU/EEA area? This was the issue in the ‘Trico/Raffles case’ resolved on the 20th December […]
French Supreme Court, Commercial Chamber, 18 December 2012, Case no. 11-27.068 Two franchisees in the food distribution sector challenged the validity of a clause prohibiting them from (i) becoming affiliated with other nationally and regionally-known stores within a 5km radius during a period of one year after the end of their agreement and (ii) selling […]
The Act bars companies from sending advertisements via text message if the recipient has not agreed to receive text messages from them. The customers sued Papa John’s and its marketing company, OnTime4U, alleging that Papa John’s franchisees worked with OnTime4U to send text messages advertising Papa John’s products without the customers’ consent. Certain Papa John’s […]
In a decision rendered on 12 December 2012, the French competition authority (Autorité de la concurrence, hereinafter ‘ADLC’) imposed a €900,000 fine on the upscale consumer electronics manufacturer Bang et Olufsen (representing 5% of its sales in France!) for having prohibited its selected distributors from marketing its products online. The ruling comes in the wake […]
On the one hand, Italy implemented the EU Directive 2011/7/EU of February 16, 2011 (which replaced the EC Directive 2000/35/EC of June 29, 2000) on combating late payments in commercial transactions, by amending the Legislative Decree No. 231/2002 (that previously implemented Directive 2000/35/EC). On the other hand, special provisions have been issued, some of which […]
‘The payment of the conditional financial bonus for obtaining of certain sales volume and/or for due and timely payments is a discount in the meaning of the Article 29 sec. 4 of the Polish VAT Act, which reduces the tax base.’ Pursuant to § 13 sec. 1 of the Regulation of the Ministry of Finance […]
More particularly, the current version of section 210, first paragraph, of the Code of Obligations provides that an action for breach of warranty of quality and fitness of the products sold becomes time-barred two year after delivery of the good to the buyer, even if the latter does not discover the defects until later, except […]
Quebec Court of Appeal, Hi-Lex Corporation v. Bombardier Recreational Products Inc. Legal provisions The Civil Code of Quebec (CCQ) stipulates that the Quebec courts have exclusive jurisdiction where the parties have by agreement submitted to them all existing or future disputes between themselves arising out of a specified legal relationship.(1) Inversely, the Quebec courts have […]
On October 19, 2012, with the approval of the Federal Senate, Brazil has started the procedure for ratifying the Convention on International Sale of Goods (CISG – Vienna 1980). The Convention will enter into force for Brazil after twelve months following the deposit of the instrument of ratification (which is expected shortly), as provided by […]
The agent, Spectrum, had become frustrated by poor service from the principal, Crocs and went so far as to post on its website as a joke, derogatory comments about the principal in the form of a video inspired by the Star Wars films. Crocs claimed that this action (a) was a breach of a condition […]
The goodwill compensation for the Contracts Agent (the Commercial Agent) was introduced for the first time in the Egyptian legislation by the promulgation of the New Trade Law Nº. 17 for the year 1999 (hereinafter referred to as the ‘Commercial Code’), based on the fact that the Contracts Agency Agreement is concluded in the […]
Under the Coverall System, the franchisor, before 2009, entered into all cleaning contracts with building owners and managers, and the franchisor billed customers for services provided by its franchisees. Coverall deducted its franchise fees and related fees from payments it collected from customers and remitted the balance to the franchisees. A group of franchisees initiated […]
In an opinion issued on 18 September 2012 regarding the ‘competitive functioning of electronic commerce,’ the French Competition Authority reaffirmed its desire to see the practice of online selling grow freely. Without waiting for the Paris Court of Appeals’ upcoming decision, i.e. the latest and perhaps last step in the ongoing Pierre Fabre Cosmétique ‘saga’ […]
The distribution report for Iran and the agency and distribution reports for Pakistan are now available in the Reports Section of the website, provided by Mahmoud E. Tabrizi, the new IDI agency & distribution country Expert for Iran and by Khalid A. Rehman, the new IDI agency & distribution country Expert for Pakistan. The CV […]
Abstract This case concerns an action in warranty taken by a Quebec importer, sued by his buyer, against the German manufacturer. The Supreme Court of Canada unanimously overturned a decision of the Quebec Court of Appeal, which had maintained a decision of the Superior Court dismissing an application by the German manufacturer to enforce a […]
The seminar focused on distribution networks facing the economic crisis. The speakers analysed possible contractual solutions, aiming at overcoming financial difficulties of the distributor; guarantees and payment terms. Furthermore the discussion focused on cases where the contractual relationship ends: if termination is the only possible solution, how the economical crisis affects the circumstances of termination […]
CISG Part II deals with the ‘Formation of the Contract’, but with Denmark’s article 92 reservation the rules applicable under Danish law to the formation of a contract had to be found in the Danish Contracts Act. This difference will now be removed. In the future the rules applicable under Danish law to the formation […]
