Termination Of Distribution Agreement Under German Law

With regard to the additional restrictions, eu Geographical Blocking Regulation (No. 2018/302) prohibits merchants from discriminating against merchants, customers within the European Union on the basis of their nationality, place of residence or place of establishment with regard to access to online interfaces (Article 3) and the application of general conditions of access to goods or services (Article 4). Under the accepted means of payment, economic operators may not apply different conditions for payment transactions based on nationality, place of residence, place of residence of the customer, location of payment account, place of establishment of payment service provider or place of issuance of payment instrument in the European Union (Article 5). Where distribution agreements impose obligations to exercise some form of unjustified geographical blocking in accordance with Articles 3, 4 and 5, these provisions are automatically non-applicable (Article 6, paragraph 2). The Geographical Blocking Regulation has been in effect since December 3, 2018. However, Article 6, paragraph 2, applies only to passive sales contracts concluded before 2 March 2018 as of 23 March 2020 (for more details, see Rothermel and Schulz, K-R 2018, 444-449; Rohren, Z. 2018, 277-285 [283-284]). Parties to distribution relations must protect the interests of the other (sections 86, 86a and 90 HGB and art. 242 BGB). 5. In addition, if the supplier deliberately accepts payment of compensation in return for a solid customer with potentially highly usable data (in accordance with the EU General Data Protection Regulation), the supplier may agree to «entry fees» with the distributor in order to ease the obligation. The payment of these entry or contract fees could be deferred until termination and then deducted from the distributor`s claim for compensation. Under German law, there is a general obligation to correctly answer questions and provide certain important information without a particular wish before the conclusion of the contract (doctrine of culpa in contrahendo).

However, this teaching, which follows German jurisprudence, plays a somewhat limited role in the field of agency agreements. The right to compensation as the main consequence of the termination of the distribution contract What are the restrictions on the ability of a supplier or distributor to promote and market the products it sells? Can a supplier pass on all or part of its advertising costs to its distributors or participate in its advertising costs? Competition bans on distributors and franchisees apply if they comply with cartel and abuse of dominance rules. As a general rule, agreements that target or cause restrictions on competition are prohibited by cartel law, i.e. by the German Anti-Competition Restrictions Act (GWB) and by Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFUE). Each seller of the distribution chain has the right to contact their own supplier if the product was already defective at the time of the corresponding delivery (para. 478 and 479 BGB).

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