
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.