Agreements between a contractor and a concessionaire are in principle incompatible with the internal market, usually agreements that restrict competition and comply with Article 101 of the Treaty on the Functioning of the European Union. Their eligibility on a case-by-case basis must be reviewed on the basis of applicable and relevant “category exemption regulations,” for example. B regulation (EU) No 330/2010. It should be noted that there are specific category exemption rules for different sectors, as is the case in the automotive sector. There are no subsidiary agreements on this contract. Contractual supplements must be submitted in writing and signed by both parties. This requirement of form can only be waived by written consent. At Schlun-Elseven, we receive many questions from sales agents about their rights. This applies in particular to their rights to terminate the commercial agent contract. On this page, we give an overview of the law of commercial agents in Germany. In other words, we will look at what it means to be defined as a commercial agent, we will look at the statutory rights for the commercial agent, and we will look at the end of distibution agreements between commercial agents and contracting entities. We will do so by describing some of the most popular questions we have received on this subject. Agency Agreement Commercial Agent Commission Claim Commission Contract free contract Lawyer contract According to German law, there is a general obligation to correctly answer questions and provide certain important information without a specific request before concluding an agreement (doctrine of culpa in contrahendo).
However, this teaching, which follows German jurisprudence, plays a somewhat limited role in the field of agency agreements. During the period during which the trade restriction is applied, the client must pay appropriate compensation to the sales agent. However, this is not a precondition for the validity of the restriction of the trade agreement. In the absence of such a provision in the agreement, the obligation for the client to pay ordinary compensation arises directly from Section 90 (a) (1) (3) of the Trade Act. There are some cases where a contractual agreement can be terminated without notice and can be implemented by both parties. Code 89 also states that the right cannot be “excluded or restricted.” Extraordinary termination (expiry of the deadline) occurs if it is not reasonable to expect the terminating party to continue the contract until the end of the contract (or notice), given the circumstances of the proceedings. However, if they come from the client (in particular), it is advisable in some cases to give warnings before adding directly to the termination of the contract. Examples of cases in which the party may attempt to terminate the agreement without notice are cited here: an agreement between the agent and the client can be terminated in different ways.