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The trend towards protecting distributors in case of termination: a general overview

Silvia Bortolotti. The trend towards protecting distributors in case of termination: a general overview. Analogical application of the rules protecting commercial agents. Portugal Spain Switzerland. Austria Germany Greece Denmark. Main circumstances considered by Courts:.

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The trend towards protecting distributors in case of termination: a general overview

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  1. Silvia Bortolotti The trend towards protecting distributors in case of termination: a general overview

  2. Analogical application of the rules protecting commercial agents Portugal Spain Switzerland Austria Germany Greece Denmark

  3. Main circumstances considered by Courts: • Integration of the distributor in the supplier’s network • Increase and transfer of the clientele

  4. Conclusions on the analogical application • Evaluation on a case-by-case basis • Different criteria to calculate (net/gross profit) • Mandatory/non mandatory rules

  5. Further means of protection: • Unfair enrichment (Spain) • Article 454 of the Austrian Commercial Code – HGB: non amortized investments • Belgian Law 27 July 1961 (as amended in 1971): “supplementary indemnity” • Abuse of right (Italy)

  6. Long notice periods imposed by law and/or case-law • Dutch case-law • French rupture brutale • Belgian law 27 July 1961 (as amended in 1971)

  7. BELGIUM Law 27 July 1961, as amended in 1971 Minimum notice periods: - Contracts for definite periods: 3/6 months - Contracts for indefinite periods: reasonable notice or fair indemnity

  8. Thank you for your kind attention! Silvia Bortolotti

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