Eleonora – Page 19 – IDI

UKRAINE: Anti-Monopoly Committee of Ukraine will verify non-compete covenants in vertical agreements for Ukraine.

Posted on 17 January 2012 (1 June 2022)

The AMCU’s representatives voiced that, indeed, currently there is no official practice and interpretation of the non-compete covenants of the vertical agreements. At the same time, the AMCU stressed its watchful attitude to such frequently used in the vertical relations ‘tools’ as bonuses, discounts, other privileges applied differently to distinct distributors. In order to avoid […]

U.S.A.: Terminated franchisee must pay franchisor its lost future profits arising from termination.

Posted on 17 January 2012 (1 June 2022)

In this case, Meineke, a franchisor of automotive services, terminated RLB Holdings’ franchise agreements based upon its abandonment of its franchised shops. Meineke brought suit against RLB in North Carolina state court, alleging that RLB breached the franchise agreements and caused Meineke to lose future royalties and advertising fees. The case was removed to the […]

AUSTRIA: Two interesting case law on commercial agency.

Posted on 17 January 2012 (20 October 2022)

Book extracts and limitation period (Austrian Supreme Court decision 8 ObA 22/11k). The claiming commercial agent sued the principal with lawsuit as of December 24, 2008. Besides other claims, he also claimed for book extracts for the period January 1 until December 24, 2005. Regarding the limitation period of three years under art 18 Austrian […]

2012 IDI ANNUAL CONFERENCE: Venice (Italy), 18-19 May 2012.

Posted on 17 January 2012 (1 June 2022)

NEW CHALLENGES IN INTERNATIONAL DISTRIBUTION Distribution Contracts with Department Stores and Sales through Internet. Friday 18 and Saturday 19 May 2012, Venice (Italy). Provisional Program The full program will shortly be available. […]

IDI WEBSITE: New Country Experts and Reports.

Posted on 15 December 2011 (1 June 2022)

The IDI website features two new Country Experts: – PUERTO RICO (agency, distribution & franchising): RICHARD ESCALERA-RODRIGUEZ; – INDIA (distribution): SHALINI AGARWAL. The new report on franchising in PUERTO RICO and the new report on distribution in INDIA can be found in the Reports Section of the IDI website. The CV of the […]

U.S.A.: Protecting Yourself as a Secured Creditor.

Posted on 15 December 2011

The Uniform Commercial Code (‘UCC’) was drafted by two independent commissions (the Uniform Law Commission and the American Law Institute), it was recommended for adoption to all fifty states in the U.S. in an effort to harmonize the law of sales and other commercial transactions in the United States. The UCC is comprised of nine […]

SWITZERLAND: Developments in the Law of Exclusive Distribution.

Posted on 15 December 2011 (1 June 2022)

Overview Situation until 2009: No Compensation Claim upon Termination of Distribution Agreements. Up until recently Swiss lawyers had to advise their clients that the Federal Supreme Court in its practice dating back to the early sixties had refused to apply by analogy the pertinent law on agency and to grant the distributor a mandatory claim […]

EU: Pierre Fabre – The EU Court of Justice last judgment on Internet sales.

Posted on 15 December 2011 (1 June 2022)

The case Pierre Fabre manufactures and markets cosmetics and personal care products and has several subsidiaries, including, inter alia, the Klorane, Ducray, GalÇnic and Aväne laboratories, whose cosmetic and personal care products are sold, under those brands, mainly through pharmacists, on both the French and the European markets. In 2007, the Pierre Fabre group had […]

FRANCE: When a distributor can be entitled to sales agent status.

Posted on 15 November 2011 (27 June 2022)

A distributor who sold products on behalf of his supplier claimed that he was entitled to sales agent status. The supplier, for its part, asserted that their relationship was based on a commission agreement and that, accordingly, the distributor had no right to indemnification. The Versailles court of appeals has ruled in favor of […]

AUSTRIA: Agent’s termination for reasons of age without regular retirement and indemnity.

Posted on 15 November 2011 (1 June 2022)

The female commercial agent at the age of 58 years terminated the agency contract with effective date April 30, 2008. The responsible social insurance institution decided on August 5, 2008 that she is entitled to early retirement (before the regular age of 60 years) with the effective date May 1, 2008. This was due […]

U.S.A.: State Challenges to Resale Price Controls.

Posted on 15 November 2011 (1 June 2022)

In Leegin Creative Leather Prods. Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the Court decided instead to apply the rule of reason to Leegin’s policy of setting the minimum price at which a dealer could resell its products. Since the Leegin decision, most of the cases relating to resale price maintenance have been brought […]

CANADA: insolvent licensors and recourses for the licensees.

Posted on 17 October 2011 (1 June 2022)

Ontario Superior Court of Justice, 2008-04-22, case no. 06-CL-6416: Royal Bank of Canada vs. Body Blue Inc.(1) Body Blue Inc. had licensed rights in certain patent assets to Herbal Care. After Body Blue Inc. had become insolvent, its assets were sold by the receiver to Body Blue 2006 Inc. (‘Body Blue 2006’) under an Approval […]

U.S.A.: Enforcing State Franchise Laws For Meetings Abroad.

Posted on 17 October 2011 (1 June 2022)

Jean-Marie Vidal, the primary shareholder of the franchisee, became interested in opening a Mango store in the U.S. as early as 1999, after visiting a Mango store in Europe. Shortly thereafter, Vidal began exploring the possibility of acquiring a Mango franchise. He began aggressively pursing a Mango franchise from Punta Fa in 2001. The parties […]

SPAIN: Distribution contracts and modifications in the automotive sector.

Posted on 17 October 2011 (1 June 2022)

According to this Regulation, the Government will approve and will submit to the Spanish Parliament a Draft for an Act on Distribution Contracts. Until the coming into force of this new Act, the provisions on Distribution Agreements for cars and industrial vehicles included in the Agency Act as amended by Act 2/2011 of March 4 […]

The IDI website features a new franchising country expert for the Netherlands.

Posted on 15 September 2011 (1 June 2022)

A new country report on franchising in the Netherlands is now available in the Reports Section of the website, provided by Tessa de Mönnink, the new IDI franchising country Expert for the Netherlands. The CV of the new country expert can be found in the Experts Section of the IDI website, while all the main […]

CANADA: Quebec Court of Appeal, 2010-12-10, Rheaume et al. v. Societe d’Investissements l’Excellence Inc. et al.

Posted on 15 September 2011 (1 June 2022)

The present decision stresses the importance of setting out clearly the procedure to be followed by the arbitrators and what rules they must follow. It is possible to refer to the procedural rules of the legislation governing the contract. For example, if the contract is governed by Quebec law, it should be stated that […]

U.S.A.: Enforcing Post-termination Covenants Not to Compete.

Posted on 15 September 2011 (1 June 2022)

The United States does not have a federal law that governs the enforcement of such covenants; rather, enforcement is governed by state law. Restrictive covenants are generally disfavored because they act as restraints on trade and may interfere with the franchisee’s employment prospects. Some states have enacted statutes that govern restrictive covenants, while many others […]

ITALY: A recent judgment on distributorship contracts.

Posted on 15 September 2011 (5 October 2022)

The case concerned an exclusive distribution contract concluded for a defined period of time and contained termination clause in case of failure of the distributor to achieve the agreed sales target. The manufacturer terminated the contract (before it expired) with immediate effect, due to the fact that the agreed target had not been achieved in […]

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