
GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London - grprainer.com/en conclude: In a judgment of March 21, 2013 (File number VII ZR 224/12), the Federal Supreme Court (BGH) commented on the inappropriateness of a notice period for sales representatives. Thus, a standard provision used against a part-time sales representative, according to which the termination of a contract after a term of three years should be permissible only with twelve months notice effective at the end of a calendar year, is to be invalid due to inappropriate discrimination. Already, such a provision had not stood up to judicial control of substance under section 307, subsection 1, Civil Code (BGB). Such a clause would inappropriately discriminate against the sales representative contrary to the principles of good faith.