A new country report on distribution in Iraq is now available in the Reports Section of the website, provided by Ahmed Al-Janabi, the new IDI country Expert for Iraq. 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 on […]
Article 4 of the Agency Act establishes that except for goodwill compensation and damages claims all other claims in agency agreements are governed by the general prescription terms applicable to contracts provided by the Commercial Code. Given that the specific claim for unpaid commissions is not foreseen in this Code, it is necessary to examine […]
Under the franchise agreement of Seven-Eleven Japan, franchisees are free to determine the sales price of the goods sold in their stores. The franchisor merely notifies to the franchisees the suggested price, which in fact are adopted by the franchisee in most cases. Further, with regard to the perishable food and drinks, the franchisor requires […]
The termination was made in conformity with the period of notice provided contractually and thus without need to provide reasons for such decision (the so called «recesso ad nutum»). However, the distributors argued that such termination was illegal, because it would have implied an abusive exercise of the right to terminate of Renault. The Tribunal […]
The International Distribution Institute will hold its 2010 annual Conference in Torino (Italy), on 11-12 June 2010. The program of the conference and the registration details will shortly be available on the IDI website. […]
Two new country reports on commercial agency in Macedonia and on distribution in Jordan are now available in the Reports Section of the website, provided respectively by Goran Koevski , the new IDI Country Expert for Macedonia and by Thaer Najdawi, the new IDI country Expert for Jordan. The CV of the new country experts […]
EC Regulation Rome I will replace the former Convention on the Law Applicable to Contractual Obligations (Rome 1980). This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community. The text of the Regulation Rome I can be found in the EU […]
Franchise agreement: lack of pre-contractual disclosure obligation by the franchisor. The Supreme Court, in a sentence of June 30th, 2009 has confirmed the Sentence of the Regional Court of Barcelona (April, 26th 2005). The Courts examined an agreement signed by ‘Innovaciones Comerciales y Empresariales Inverarte’ and ‘Franchising Direct Cantina Mariachi’ (after on ‘Grupo Restmon’) […]
The law on precontractual information applies to all contracts whereby a manufacturer/franchisor grants the distributor/franchisee the use of the logo, Corporate identity, commercial name or whereby know how, commercial and or technical information is transferred to be used against payment. The law provides for the obligation to submit- at least one month prior to the […]
This case concerns a motion for an interlocutory judgment rendered in the scope of an action based on trademark infringement. In its motion for the interlocutory judgment, the Plaintiff asked the court to order the Defendants (former authorized dealers of the Plaintiff who, after their authorization had been revoked, continued to sell the Plaintiff’s products […]
The IDI website features two new Country Experts: SAUDI ARABIA (Agency & Distribution): Stephan Jäger FINLAND (Franchising): Patrik Lindgren The CV of the new country experts can be found in the Experts’ Section of the IDI website, while the new Reports can be found in the Reports Section of the IDI website. […]
We would like to inform you that, following the judgement C-348/07 of the European Court of Justice, the amended text of Section 89 b of the German Commercial Code has entered into force on August 4, 2009 (as previously said in the IDI newsletter of July 2009). You can find the English translation of the […]
This has been considered one of the most important advances in the Colombian legislation on fair competition and users rights. Since 2007 this draft bill was under way of legislation. It has upgraded and clarified the powers and organized the functions of competition-related authorities in Colombia, including specific provisions that were issued before 1992. In […]
MBI France is a privately owned business located in France engaged as commercial agent within the furniture market sector. Bodilsen is a Danish manufacturer of pine furniture. In 1996 Bodilsen appointed MBI France to act as commercial agent on the French retail market for furniture. At the time (1996) Bodilsen had no customers in France. […]
These aspects of the judgment are less remarkable than a further view expressed by the Court, that where an agent represents an undisclosed principal, he cannot be an agent within the meaning of the Regulations (and EU Directive). The Court based this view on the fact that the 1993 Regulations require an agent to have […]
In the area of commercial distribution, however, only agency agreements are specifically regulated (1). Neither distribution nor franchise (franquia) agreements have specific legislation in Portugal largely because whilst this market continues to grow steadily, franchising as a business concept has not yet reached full maturity. However, certain legislative provisions are especially relevant to franchise agreements […]
The parties had signed a franchise agreement in July 21st 1992 with the possibility for the Franchisor to establish unilaterally some temporal and general discount systems for franchisee with the possibility for the Franchisees to freely adhere to them. This produced the 2×1 promotion which meant that a second pizza was given when the first […]
We hope that such document can be a useful contribution for a clarification and improvement of the rules of the future block exemptions’ Regulation governing agency contracts. Fabio Bortolotti Chair IDI […]
