The Competition Court considered at that time that these companies had entered into an agreement forbidden by the former Competition Act in its Article 1.1.a) (actually also article 1.1.(a) of the New Competition Act 15/2007 of July 3). This agreement consisted, according to the Competition Court, in the fixing of minimum prices for the retailing […]
1 – The sentence of the Supreme Court n° 506/2007, of 16th May. THE RELEVANT FACTS: The parties have agreed a ‘representation agreement’ in 1986 that has been considered as an Agency Agreement by the Court. In 1996, the Principal (QUESERÍAS BEL ESPAÑA, S.A.) decided to terminate this agreement giving to the Agent […]
In Lonsdale, the Court held that the amount of compensation on termination of an agency contract would be calculated by reference to a valuation of what a hypothetical buyer would have paid for the agency had it continued. Three main additional points are made in Fryer. These are: In valuing an agency where the owner […]
The Court of Appeal dismissed this claim on the ground that ‘there is no rule or standard commercial practice which prohibits suppliers from informing their distributor’s customers or selling agents, shortly before the expiration date of the distribution agreement, that after said date they will have to procure their supplies from another distributor; this information, […]
Therefore, the Supreme Court enounced the principle whereby a distribution agreement, being an atypical agreement, in a sense that it is not directly treated by any particular lex specialis, is thus subject to the principle of freedom of contractual provisions in a sense that it is regulated by what the parties so establish (provided that […]
The master franchise agreement had no non-competition clause for the post-termination period so that the master franchisee was admitted the freedom to establish a new franchise network in the same business and to recruit the subfranchisees to become franchisees of the latter. The application by the franchisor for a court order enjoining the master franchisee […]
The agent (Sellect) was appointed by the principal (Telia Mobile) to obtain orders for telecommunication services offered by the principal. The court established that only commercial agents engaged in the buying or selling of goods are covered be the definition of commercial agents in the Danish Agency Act, for which reason the Act did not […]
The Court of Appeals upheld the lower court’s decision setting the indemnity at one year’s worth of commissions. The judges took into consideration the terms of the contract, which provided for an indemnity equal to twelve months of commissions, the duration of the relationship between the parties (three years), and the fact that the contract […]
The topic of the Conference will be ‘Distribution and Internet. The impact of Internet on Agency, Distribution and Franchising Agreements’. The detailed program, complete with all the sessions, speakers and practical information can be found on the conference page of the website. […]
The Franchise Agreement provided for the standard mutual obligations of the parties according to the relevant international practice in the sphere of the franchising relations. However, after entering into the Franchise Agreement both parties have infringed the provisions of the latter. Finally, the Franchisor filled the claim within the competent commercial court for (a) termination […]
Art. 7 (2) of the Directive provides that a commercial agent shall be entitled to commission on transactions concluded during the period covered by the agency contract: either where he is entrusted with a specific geographical area or group of customers, or where he has an exclusive right to a specific geographical area or group […]
The commercial agent was in this case operating in Germany and the principal was located in Sweden. According to the agency agreement the commercial agent was obliged to market and promote the sales of various computer based tax programs in Germany. Since a time-limited license of computer programs is not regarded as ‘goods’ within the […]
The judiciary question arose in the following case: Plaintiff (Agent) claimed goodwill indemnification from an insurance company (Principal) on the basis of an agency contract concluded on August 20, 1997 and terminated on May 9, 2002 by mutual consent. The agency contract was concluded before the provisions on goodwill indemnification came into force and terminated […]
The courts of first, second and last instance dismissed the action. In their opinion the contractual parties may effectively stipulate good reasons which justify immediate termination (as long as they do not concern i.e. unrealistic objectives or other contents contradicting good faith). It would have been up to the commercial agent to proof that no […]
This new Convention will replace the 1988 Lugano Convention currently in force, mirroring the provisions of EC Regulation 44/2001 on the same matters. The new Convention still has to be ratificated and will enter in force after the last ratification. The official text of the Convention is not available, yet. The text of the final […]
As in the Directive, the Act on Consumer Purchase provides that all consumer products sold in the Norway must be fit for their intended purposes at the time of purchase by the consumer and must show the quality and performance which are normal in goods of the same type. For ‘ordinary products’ there is a […]
The action for compensation for loss of clientele was dismissed. Basic requirements for compensation are advantages with continuing effects for the principal, whereby he has to compensate the loss of commission of the agent. If operations have been stopped for months (and the parent company is insolvent), no such advantages persist. Against this background it […]
The new section is accessible from all the pages of the website and everybody (not only the IDI members) is allowed to participate to the discussion. We have chosen, as first topic to be discussed, a controversial issue regarding the application of EC antitrust rules on selective distribution to franchise agreements. Fabio Bortolotti prepared a brief […]
