Eleonora – Page 21 – IDI

GREECE: Analogous application of the provisions of Directive 86/653 to contracts excluded from its scope of application?

Posted on 17 January 2011 (27 June 2022)

1. The determination of the ratione materiae scope of application of P.D. 219/1991 (i.e. the Greek legislative Instrument, implementing in the Greek Legal Order Directive 86/653) remains even today a long and strongly debated topic of discussion in Greek scholarship writing and jurisprudence, focusing particularly to the applicability per analogiam of the respective provisions (and […]

UIA seminar on International Sales and Distribution – Antwerp (Belgium), January 28 – 29, 2011.

Posted on 17 January 2011 (1 June 2022)

A conference on negotiating international sales, agency and distributorship contracts will be held in Antwerp on Friday 28 and Saturday 29 January 2011. The speakers will deal with several interesting issues, such as choosing the applicable law in agency contracts, dealing with ‘illicit commission’, goodwill indemnity in distribution contracts, the new block exemption 330/2010 and […]

FRANCE: A recent judgement of the Paris court of Appeal on selective distribution.

Posted on 15 December 2010 (27 June 2022)

An online auction operator claimed that the selective distribution agreements concluded by perfume suppliers should not be eligible for the block exemption of Regulation no. 2790-1999 (replaced by regulation no. 330-2010), insofar as they contained ‘prohibited clauses’ whereby ‘distributors had to undertake to give priority to physical points of sale’ and ‘distributors who operated […]

SPAIN: New case law on commercial agency.

Posted on 15 December 2010 (1 June 2022)

In a judgement issued by the Provincial Court of Badajoz in September 1st 2010, the court has considered that the Agent was obliged to reimburse the commissions and the goodwill indemnity previously received because of his infringements. The parties had signed an agency agreement in January, 12, 2007 that was terminated by the Agent’s decision. […]

IDI/ICC JOINT EVENT: Amsterdam (Netherlands) 16-17-18 June, 2011.

Posted on 15 December 2010 (1 June 2022)

2011 IDI ANNUAL CONFERENCE (17-18 June 2011) and MEETING of the ICC CLP COMMISSION (16 June 2011). Further information on the event will be shortly available on the IDI website. […]

European Court of Justice: new judgment of October 28, 2010 on the interpretation of art. 18(a) of Council Directive 86/653/EEC.

Posted on 16 November 2010 (27 June 2022)

The preliminary ruling was given following questions of the German Bundesgerichtshof in a dispute between Volvo Car Germany GmbH (Volvo Car) and one of its German dealers Autohof Weidensdorf GmbH (AHW). Volvo Car had terminated the dealership agreement with AHW with due observance of the contractual notice of termination of two years. After the […]

The IDI website features a new agency & distribution country expert for Tunisia.

Posted on 16 November 2010 (1 June 2022)

A new country report on distribution in Tunisia is now available in the Reports Section of the website, provided by Sami Houerbi, the new IDI agency & distribution country Expert for Tunisia. The CV of the new country expert can be found in the Experts Section of the IDI website, while all the main laws, […]

CANADA: Interpretation of an ambiguous renewal clause.

Posted on 16 November 2010 (1 June 2022)

Superior Court of Quebec, 09-09-2008, case no. 155-17-000042-081(1) Société de Cogénération de St-Félicien vs. Les Industries Piékouagame Inc. Background The defendant, Les Industries Piékouagame Inc. (‘Industries’) operated a small sawmill. By an agreement signed July 4, 1997, Industries undertook to supply wood residue to the Plaintiff, Société de Cogénération de St-Félicien (‘Cogénération’), which required […]

UK: A recent case law on termination of an agency contract.

Posted on 16 November 2010 (27 June 2022)

The agent had subsequently expressed regret regarding the calls, but had not in fact apologised in the opinion of the Court. The judgment provides an example of immediate termination for breach as referred to in Regulations 16 and 18(a) of the UK Agency Regulations (Commercial Agents (Council Directive) Regulations 1993 (1993 No 3053) and Article […]

BELGIUM: A new case law on goodwill indemnity.

Posted on 14 October 2010 (27 June 2022)

I. FACTS In the case at hand the principal, Dexia Bank, concluded an agency agreement with M.V.M. The contract contained a post-contractual non competition clause. The Bank ended the agreement without referring to one of the cases provided for in art. 19, § 1 of the Belgian Law on Agency Agreements of 13.04.1995, […]

THE NETHERLANDS: Successful claim for a long notice period.

Posted on 14 October 2010 (27 June 2022)

The facts of this case can be briefly summarized as follows. An exclusive Distribution Agreement was entered into between a Belgium Supplier of electronic appliances and a Dutch Distributor of those products for the Netherlands. Failing a clause in the Distribution Contract concerning the Governing Law, Dutch Law applied. The Distribution Contract did not contain […]

UK: Decision of the High Court in Pirtek (UK) Limited v Joinplace Ltd and others.

Posted on 14 October 2010 (1 June 2022)

The franchisee was in financial difficulty and ceased trading by virtue of its insolvency. Its franchise agreement was terminated. Immediately thereafter, Vetech Limited (a company set up by the girl friend of the individual who had owned the franchisee) started to trade from the same premises using the same equipment. Pirtek obtained an injunction against […]

IDI/Ukrainian Bar Association Seminar in Kiev.

Posted on 14 October 2010 (1 June 2022)

The Seminar will deal with the issues on major concerns and recent trends of international commercial agency, distribution and franchising contracts. Program Registration Form For more information about the Conference “International commercial agency, distribution and franchising contracts: issues of major concerns and recent trends” please contact the UBA Secretariat by phone: […]

UKRAINE: Legislative developments – Franchising agreements’ state registration procedure may be revised.

Posted on 15 September 2010 (1 June 2022)

The Draft Law amends Article 1118 (2) of the Civil Code of Ukraine and Article 367 (2) of the Commercial Code of Ukraine with the provisions on state registration of franchising agreements. Under the Draft Law the registration of franchising agreement shall be performed by the central body of executive power in the sphere of […]

UK: A new case law on franchising.

Posted on 15 September 2010 (1 June 2022)

Kall Kwik is one of the UK’s leading franchisors. It was approached by a prospective franchisee who was an experienced finance director. Kall Kwik provided, before the franchise agreement was entered into, substantial documentation setting out the sales process and also provided other assistance to the prospective franchisee. As part of this exercise Kall Kwik […]

THE NETHERLANDS: Contractual notice period set aside by the District Court of Arnhem, the Netherlands.

Posted on 15 September 2010 (27 June 2022)

The Court was asked for a decision in a dispute about the termination by a Dutch Supplier of an exclusive Distribution Agreement with its Distributor in Germany. Parties had entered into a Distribution Contract already in 1971. The Distribution Contract provided for a notice period of three (3) months. In April 2008, the Dutch Supplier […]

The IDI website features new franchising country experts and reports.

Posted on 20 July 2010 (1 June 2022)

New franchising country reports are now available in the Reports Section of the IDI website for the following countries: Chile (provided by Carmen Alvarez Paz), Sweden (provided by Anders Thylin), Finland (provided by Patrick Lindgren), Argentina (provided by Osvaldo Marzorati), Egypt (provided by Maged Ackad). The CV of the new country experts can be found […]

SPAIN: Modification of the Spanish Commercial Retail Act affecting distribution and franchising activities.

Posted on 20 July 2010 (1 June 2022)

The modification is inspired in the general principle of freedom of undertaking and its objective is to ease the free establishment of services in commercial distribution and its development in different commercial formats, particularly guarantying the competition amongst all the different parties. The Act modifies the regulation of commercial establishments and the obtainment of licenses […]

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