1 / 8

The trend towards protecting distributors in case of termination: a general overview

Silvia Bortolotti. The trend towards protecting distributors in case of termination: a general overview. Analogical application of the rules protecting commercial agents. Portugal Spain Switzerland. Austria Germany Greece Denmark. Main circumstances considered by Courts:.

emarriott
Download Presentation

The trend towards protecting distributors in case of termination: a general overview

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Silvia Bortolotti The trend towards protecting distributors in case of termination: a general overview

  2. Analogical application of the rules protecting commercial agents Portugal Spain Switzerland Austria Germany Greece Denmark

  3. Main circumstances considered by Courts: • Integration of the distributor in the supplier’s network • Increase and transfer of the clientele

  4. Conclusions on the analogical application • Evaluation on a case-by-case basis • Different criteria to calculate (net/gross profit) • Mandatory/non mandatory rules

  5. Further means of protection: • Unfair enrichment (Spain) • Article 454 of the Austrian Commercial Code – HGB: non amortized investments • Belgian Law 27 July 1961 (as amended in 1971): “supplementary indemnity” • Abuse of right (Italy)

  6. Long notice periods imposed by law and/or case-law • Dutch case-law • French rupture brutale • Belgian law 27 July 1961 (as amended in 1971)

  7. BELGIUM Law 27 July 1961, as amended in 1971 Minimum notice periods: - Contracts for definite periods: 3/6 months - Contracts for indefinite periods: reasonable notice or fair indemnity

  8. Thank you for your kind attention! Silvia Bortolotti

More Related