The operator of a “partner agency“, who procures mobile phone accounts and providers, shall be legally considered as a commercial agent.
Cologne, NRW -- (SBWIRE) -- 02/10/2013 -- GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen Nuremberg and London www.grprainer.com/en conclude: The Higher Regional Court of Düsseldorf decided with effect from September 14th, 2012 (case I-16 U 77/11) that contracts between procurers of mobile phone accounts and providers of mobile phone accounts shall generally be subject to the commercial agency law (Handelsvertreterrecht). An authorised dealer is one who buys goods under a permanent contract and resells them on his own behalf and for his own account. On the contrary, commercial agent shall be one who operates an independent commercial enterprise with his own business risk, who is permanently bound by contract to act as an agent for other entrepreneurs, and in that way arranges or concludes commercial transactions on behalf of and for account of a third party.
Within the relationship between the entrepreneur and the commercial agent, the entrepreneur shall be obliged to exert support and consideration on his commercial agent because of the contractual duty of loyalty and the fiduciary duty. To which extent this applies would have to be identified by interpretation of the subject matter of contract. In the case of an operator of a “partner agency”, who procures mobile phone accounts and providers, the interpretation tends to deem the relationship subject to the commercial agency law.
When establishing a commercial agency, it is important to know and act in accordance with the requirements concerning this matter. The abundance of provisions and regulations should be reviewed and recognised beforehand, in order to avoid future problems. A lawyer active in the field of in commercial agency law gives you advice in establishing your commercial agency.
Also of growing significance are commercial agent contracts with an international dimension. Especially with regard to the compensatory claim of the commercial agent after the end of contract, problems may occur in these cases. Whereas the commercial agent in the EU is entitled to a claim for compensation or indemnification after the end of contract according to an EU-directive, he is less protected outside the European Union. Hence, it is advisable to seek competent legal advice in this regard.
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