Regulations of commission in the standard business terms (AGB) for trade representative contracts

Regulations of commission in the standard business terms (AGB) for trade representative contracts 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 March 22nd 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 this certain case the higher regional court of Munich had to decide, 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 transparency dictate of § 307 para. 1 sentence 2 BGB, 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.

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GRP Rainer LLP Lawyers Tax Advisors
Michael Rainer
Hohenzollernring 21-23

50672 Cologne
Germany

E-Mail: press@grprainer.com
Homepage: http://www.grprainer.com/en
Telefon: 0049 221-2722750

Pressekontakt
GRP Rainer LLP Lawyers Tax Advisors
Michael Rainer
Hohenzollernring 21-23

50672 Cologne
Germany

E-Mail: press@grprainer.com
Homepage: http://www.grprainer.com/en
Telefon: 0049 221-2722750