Archive for aprile, 2015

SPAIN. Distribution agreement: if the minimum turnover is excessive, the non-attainment of it by the Distributor can’t be considered as infringement of contract.

The Supreme Court in a Judgement of December 11, 2014 analyzed the content of an agency agreement and considered that the turnover fixed by the parties was unreasonable and the Distributor couldn’t respect it.
In the light of this, the non-attainment of that minimum turnover couldn’t be considered as a previous infringement of the Distributor, and did not justify the immediate termination of the agreement by the Supplier without the previous notice.
For further info and the full text of the decision see below.
Tribunal Supremo of Madrid, 11.12.14

FRANCE. Case law: difference between intermediary and agent.

The Court of Appeals of Colmar rejected the claim of an intermediary who had asked for the recognition of the status of agent on the basis that there was a clause in the contract which provided that “if the company was ever to find itself forced, particularly for competition-related reasons, to accept an abnormally low price in isolated cases, it [could] reduce the commission […]”, arguing that “the terms of the clause show that it was referring to exceptional situations”.
For the full text of the decision see below.
Court of Appeals of Colmar, 7.11.2014

SPAIN. Agency agreement: the obbligations contained in a separate (but connected) agreement can justify the termination of the contract

The breaching of the Agent’s obligations contained not in the agency agreement, but in a separate agreement connected to it can justify the termination of the agency agreement for good reason with no indemnities (clientele or lack of previous notice) dues.
The Court considered that the parties in the second agreement expressely agreed the connexion between both agreements and considered the obligations stated in the second one as essential for the existence of the Agency.
For further info see below.
Audiencia Provincial of Madrid,17.6.2014