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Commission regulations in the AGB (standard business terms) for trade representative contracts
Commission regulations in the AGB (standard business terms) for trade representative contracts
Trade agents contractual commission regulations can be ineffective according to § 307 para. 1 sentence 2 BGB (Federal code of law) if they are contradictory.
Cologne,
Nordrhein-Westfalen,
Germany
(prbd.net)
17/08/2012
http://www.grprainer.com/en/Commercial-Agency-Law.html Trade agents contractual commission regulations can be ineffective according to § 307 para. 1 sentence 2 BGB (Federal code of law) if they are contradictory.
GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt www.grprainer.com elaborates: the higher regional court in Munich (Az. 23 U 4793/11) decided on 22.03.2012 that a commission determining clause can be invalid in view of coexisting and simultaneously completed cooperation agreement and trade-agent contract because, they can be contradictory.
In the case decided by the higher regional court of Munich, two parties fought over the premise to claims of a commission for a trade-agent contract from a cooperation agreement, as well as, a simultaneously agreed upon and coexisting trade-agent contract. The defendant appealed that a claim to a commission payment is only justified within the parameters of the cooperation agreement, if a finance-contract is prepared, completed and signed due to the trade-agents umpiring.
In view of the trade-agent-contract, this clause stands in violation to the § 307 para. 1 sentence 2 BGB Transparenzgebot (transparency dictate), argued the higher regional court of Munich. In the matter of dispute over the trade-agent-contract the regulation § 87 para. 1 HGB was used. The coexisting regulations of the cooperation agreement and the trade-agent-contract are unclear and contradictory. It also wasn't evident which regulation was prevalent. A predominant regulation could not be determined. In light of the cooperation agreements regulations, an unjustified disadvantage is assumed according to § 307 para. 2 BGB, because of the risk that the claim to a commission could be suppressed and invalidated by causality of the framework of the cooperation agreement.
The non-concessions complaint is pending at the German federal court under Az. VII ZR 114/12.
Let a lawyer advise you regarding trade-agent law affairs. The lawyers at GRP Rainer counsel enterprisers, as well as trade agents regarding the structuring of contractual relationships: from claims to closure. Our lawyers will contact the opposition, check possible claims and will support you in their enforcement - be it extrajudicial or judicial.
http://www.grprainer.com/en/Commercial-Agency-Law.html
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Lawyers and tax advisors GRP Rainer http://www.grprainer.com/en/ international German law firm counsels on business law, commercial law, corporate and distribution law. The firm advises companies, corporations and mid-sized businesses from offices in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK. Contact: GRP Rainer LLP Hohenzollernring 21-23 50672 Cologne Germany T +49-221-2722750 law@grprainer.com http://www.grprainer.com/en/
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