Since the distributor couldn’t substantiate that a certain term of notice had been agreed contractually, and the supplier failed to prove that the contract allowed termination with immediate effect, the Supreme Court examined the rules within supplementary law. Comparing various provisions regarding periods of notice – inter alia in the Commercial Agents Act, the Commission […]
I. GENERAL IDEAS Article 62 of the Retail Act (as amended by Act 1/2010 of March, 1st) contains the basic regulation on franchise agreements. Paragraph 2 of this Article includes the obligation of franchisors to inform the Franchisors Register within three months, of the starting of their activity. This obligation is also compulsory for franchisors […]
This Regulation, that will replace Regulation 2790/99, will enter into force on 1 June 2010. The text of the new regulation is is now available in the EU Section of the IDI website. As far as the Guidelines are concerned, the Commission has agreed in principle the content of the English version of the text. […]
NEW ISSUES IN INTERNATIONAL DISTRIBUTION The new EC regulation on vertical restraints and its forthcoming guidelines: a first overview of the present state of the law. How to deal with insolvency of distributors/franchisees. Register now to the IDI annual conference! Only few places available for the gala dinner. Registration on-line Registration Form Program […]
Generally, all disputes may be arbitrated, unless the arbitration agreement (rather than the entire agreement in question) was induced by fraud, or where the agreement would not be enforceable as a contract under applicable state laws.(3) If a party to a contract containing an arbitration agreement initiates litigation in court, the other party(ies) may move […]
The facts of the matter were as follows. The Dutch distributor Alfa Romeo Nederland B.V. distributes the Alfa Romeo cars in The Netherlands by means of a selective-distribution system. The official dealers admitted to this selective-distribution network are bound by resale restrictions. The defendant in this matter was an official dealer originally which had ceased […]
Quebec Court of Appeal, 06-02-2007, case no. 500-09-015542-053. Before being heard by the Quebec Court of Appeal, this case had been in front of the Superior Court for 13 years before a decision was rendered. The Superior Court had awarded damages in the amount of $52,452 and $30,000 in experts’ fees to Admaco in compensation […]
Under the Act, a franchisor may not terminate, cancel or fail to renew the contract of a franchisee absent ‘good cause’ which is ‘limited to failure by the franchisee to substantially comply with those requirements imposed upon him by the franchise.’. The law also prohibits franchisors from engaging in other unfair business practices. The Act […]
NEW ISSUES IN INTERNATIONAL DISTRIBUTION The new EC regulation on vertical restraints. How to deal with insolvency of distributors/franchisees. Register now to the IDI annual conference! […]
Two new franchising country reports for China and Brazil are now available in the Reports Section of the IDI website, provided by Paul Jones, the new IDI franchising country Expert for China and by Luciana Bassani, the new IDI franchising country Expert for Brazil. The CV of the new country experts can be found in […]
The Seminar will deal with the issues on major concerns and recent trends of international commercial agency, distribution and franchising contracts. Please, click here if you want to download the program. IDI Editorial Board […]
A new unofficial draft of the Regulation that will replace Regulation 2790/99 is now available on the IDI website, together with the draft of the Guidelines on Vertical restraints. These texts, which haven’t been published yet on the EU website, reflect the last consultation of the EC Commission. We thanks Jaap van Till, agency & […]
The dealer is alleged to violate his obligation of non competition and sell competing products. For this reason the supplier seeks for indemnification of the amount indicated in the agreement as penalty for violating the non competition obligation. The Court of First Instance accepted the claim and the dealer appealed the decision. However, a decision […]
1. Facts SA had concluded an agency agreement with bank C to operate and expand a C-agency. The place of business would be the municipality of W. The agreement provided for a non competition clause covering a radius of 15 kms around the agency. SA terminated the agreement with a notice period of 10 days. […]
The revised Lugano Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters has been ratified from the European Community on May 18, 2009, with effect for all its member States with the exception of Denmark, who followed on 24 September 2009. On 1st July 2009 the Kingdom of Norway ratified the Convention […]
A carmaker set up a compensation system for its Dutch dealers that involved awarding them a bonus for every sale of a car registered in the Netherlands, but only if the dealer had surpassed his contractual objective, and put pressure on its dealers to deter them from exporting cars, particularly by threatening to decrease deliveries […]
The bicycle supplier was threatened by one of its largest customers that it would stop purchasing bicycles from the supplier if the latter did not terminate its distribution contract with one of its dealers. This threat was made because of displeasure with the low resale prices used by this dealer for the bicycles of the […]
A new country report on franchising in Ukraine is now available in the Reports Section of the website, provided by Natalyia Mykolska, the new IDI franchising country Expert for Ukraine. The CV of the new country expert can be found in the Experts’ Section of the IDI website, while all the main laws, particularly rules […]
