The non-competitive clause in section 7:443 of the Dutch Civil Code, which contains mandatory provisions, limits the freedom of the sales agent to work after the termination of the agency contract. The clause is only valid if it is a commercial contribution agreement between two companies under which W was responsible for advertising to customers who may be interested in the services offered by Company O. The contracts offered to the contractor contained general and specific terms (…) 1. Each party has the right to obtain from the other party, at its request, a signed written document containing the terms of the agency contract, including the terms agreed at a later date. The waiver of this right is not admissible. In addition, Europe has a directive (Directive 86/653/EEC) which aims to harmonize the individual laws of Member States with regard to trade agency contracts. This directive is of great importance for all agency contracts within the European Union. The directive contains binding provisions for all activities taking place on European territory. The application of US law to an agreement between a European agent and an American client would destroy the European Commission`s protection structure. To avoid this, the Court of Justice decided to give effect to the directive. A European agent can therefore invoke European law at any time if the Agency`s treaty has adopted a non-European law. In a decision of 18 July 2018, the Paris Court of Appeal recalls the pickets and the consequences of the breach of the commercial agency contract. Its solution is worth reporting because it provides an overview of the fundamental issues in this area.

After the recall of the (…) The contract with commercial agencies is definitely at the heart of this quarter`s case law. Qualification conditions and issues (see ECJ June 4, 2020 V. in advance: N.F.) should not obscure the importance of the issues that normally arise in the course of their execution. A decision of the Court of Justice (…) In this case, an intermediary had entered into a social contract in which he had to seek out buyers who wished to invest in residential real estate for a fee that was to be paid after the signing of the genuine sales contracts and the obtaining of the funds. A clause in the contract that is provided for the (…) The termination terminates the agency contract. None of the parties can claim to be accomplished. The party terminating the agency contract without respecting its duration or respecting the legal or agreed notice (and without the consent of the other party) is required to pay damages, unless the termination takes place for an urgent reason that is immediately notified to the other party.

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