Agency Agreement European Law

A commercial agency contract is a contract of common interest that is subject to a duty of bilateral loyalty (Com.C. art. L. 134-4). If the client does not comply with this obligation, he can attribute the violation initiated by the agent and, therefore, the (…) The characterization of a contract as a commercial agency, the key to access to protection status under the 1991 Act, is the focus of our attention this month. In this case, a supplier and a distributor had entered into two contracts on the same day. The first, a commercial (…) It is important to define, in agency contracts, in which situations and under what conditions the commission should be paid. The parties are free to agree on the amount of the commission. If you (as a sales agent or principal) would like to help you establish and negotiate an applicable and legally binding agency contract, or in the event of a dispute or termination of an agency contract, please contact us.

On 27 October 2020, the Competition Authority adopted a decision 20-D-15 rejecting as insufficiently justified the dismissal of the travel agency Travel Planet France, which specialises in business travel and is approved by IATA. For the purposes of article 101, paragraph 1, the agreement is referred to as an agency agreement where the representative does not support or assume any risk related to contracts concluded and/or negotiated on behalf of the contracting entity with respect to market-specific investments in this area of activity and other activities that the awarding entity is required to carry out in the same product market. However, risks associated with the provision of agency services in general, such as the risk that the representative`s income will depend on his or her success as an agent or general investments in premises or staff, are not essential to this assessment. For the purposes of section 101, paragraph 1, an agreement is therefore generally considered an agency agreement when the contractual goods purchased or sold in the commercial merchandise are not reserved for the representative or when the agent does not himself provide the contractual benefits and the agent: the right to compensation of the client expires as soon as the sales agent has not informed the client that he is seeking such compensation within one year of the end of the contract. With the exception of the above case, the goodwill tax cannot be waived, since the provision is mandatory under section 7:442 of the Dutch Civil Code. The amount of customer charges depends on a number of circumstances. First of all, it is important that customer costs are never higher than one year`s pay. The above remuneration is calculated by calculating the average of earnings over the previous five years. If the agency contract lasted less than five years, the average of the last few years is taken. The fact that the remuneration is never higher than that of one year does not mean that the remuneration always corresponds to that average remuneration.