Regulation of fees for trade representative contracts
http://www.grprainer.com/en/Commercial-Agency-Law.html Contractual commission regulations of trade agents can be void if they are contradictory
GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt www.grprainer.com elaborate: According to a ruling of the higher regional court of Munich (Az. 23 U 4793/11) from March 22nd 2012 it was determined, that commission determining clauses can be inoperable if there are an coexisting and simultaneously completed cooperation agreement and trade - agent contract. Following § 307 para. 1 sentence 2 BGB (German civil code) these agreements can be found void if they are inconsistent.
In the before mentioned judgment, which was decided by the higher regional court of Munich, two parties were at variance over the premise to claims of a commission for a trade - agent contract from a cooperation agreement. The defendant claimed that a right to a commission payment can only be justified within the parameters of the cooperation agreement, if a finance - contract is prepared, completed and signed due to the trade - agents` involvement. But the parties also had closed a coexisting trade-agent contract at the same time.
The court argued that together with the trade - agent - contract, this article stands in violation to the transparency rule of § 307 para. 1 sentence 2 BGB. In the issue at hand over the trade - agent - contract the regulation § 87 para. 1 HGB was quoted. According to the judges the coexisting regulations of the cooperation agreement and the trade - agent - contract were found to be uncertain and in dispute. There was also insecurity which regulation was the preceding one. It could not be specified if there was a predominant regulation. In light of the cooperation agreements regulations, an unjustified discrimination was seen according to § 307 para. 2 BGB. Because of the danger, that the claim to a commission could be suppressed and invalidated by causality of the conditions of the cooperation agreement.
The non - concessions complaint is now pending at the German federal court.
A lawyer can advise enterprisers, as well as trade agents regarding the planning of contractual relationships: from claims to closure. Let a lawyer help you regarding trade -agent law affairs.
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