It is also possible to agree on a limitation of the trade clause that will work after the end or expiry of the agency agreement. if the client has tried to reduce his commission without consent or warning, the nullity of a provision in this contract does not result in the nullity of the entire contract. The null provision is replaced by an agreement closest to the purpose of the contract and the will of the contracting parties. Since the adjustment of Article 89 (b HGB) in 2009 following a judgment of the European Court of Justice of 29 March 2009, the starting point for the calculation of compensation is the starting point for the benefits that the client continues to derive from the agent`s commercial relations with new clients after the conclusion of the agreement or a significant increase with existing customers. Second, it is necessary to check whether the compensation calculated on the benefits obtained by the client is fair, for example. B if the losses incurred by the agent are taken into account. The aspect of equity may result in an increase or reduction in the right to compensation. 1) Under German law, is it possible to have a trade clause in force during the agency contract and, if so, is it subject to qualifications? This general trade restriction clause, inherent in any agency contract, may be extended by the parties. However, any limitation of the trade clause that goes beyond the appropriate protection of the interests of the client may be subject to German law in the area of cartels and abuse of dominant position. The contract was established as a result of commercial practices through agency contracts approved in the national territory. In addition, it respects UNIDROIT`s principles on international trade agreements and refers to the European Commission`s Directive 86/653 on agency contracts.
Limited to a maximum of the average of the annual commission that the agent has earned over the last 5 years of the agency, if shorter, over the duration of the agency. 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.