Posted by on Sep 13, 2021 in Uncategorized |

The `characteristic` performance of an exclusive distribution agreement within the meaning of the Vienna Convention is the obligation to guarantee the exclusivity of the distribution of the products. Are there specific competition rules or cartels on exclusive distribution and selective distribution? Describe for a moment. The confidentiality clause can be inserted directly into the distribution contract. The parties may also enter into a separate confidentiality agreement, which may provide for a period of time during which the distributor treats the supplier`s information confidentially. 7. Clause 24 of the Standard Commercial Agreement provides that “in the event of termination of this Agreement at any time by either party, with or without cause, under any circumstances”, the manufacturer has the option to repurchase products from the Distributor at a set price and that the intention to exercise this option will be communicated “on the effective date of such termination or at any time”. a period of ten days from the date of entry into force of such denunciation`. By its first question, the referring court asks, in essence, whether, where the grantor is established in a Member State other than that in which the court seised has its seat, the provisions of the Regulation are those of the application of a rule of national jurisdiction such as that laid down in Article 4 of the Belgian Law of 27 June 2007. On 1 July 1961, the national courts are entitled to oppose proceedings relating to the termination of an exclusive distribution contract where the distributor is established in Belgium.

ยท The agreement may contain elements of a delivery agreement. In this case, the purchase of the supplies is made on the basis of the distribution contract which contains all the essential conditions of a supply contract (i.e.m the parties are not obliged to conclude separate supply contracts). 10. How is this issue addressed when a distribution network involves e-commerce? Judgment of the Court (First Chamber) of 19 December 2013. # Corman-Collins SA vs. La Maison du Whisky SA. # Reference for a preliminary ruling: Tribunal de commerce de Verviers – Belgium. # Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 2 – Article 5(1)(a) and (b) – Specific jurisdiction in contractual matters – Concepts of “purchase of goods” and “service” – Agreement for the distribution of goods. # Case C-9/12.

Some international distribution agreements contain exclusivity clauses. While not all of these agreements are exclusive, they are a topic that should be addressed in contract negotiations. In summary, the distributor did not provide evidence of its damage caused by the early termination of the distribution contract or, at the very least, to provide sufficient information to enable the judge to assess the damage suffered. Consequently, the action for damages was dismissed in its entirety, irrespective of the fact that the Court of Appeal had previously found that the distribution contract had been terminated by the supplier in breach of contract. Like other commercial agreements, it is essential that an international distribution agreement clearly identifies the responsibilities of each party. The supplier and distributor must be clear about their obligations, which must be fulfilled in accordance with the conditions of the transaction. Following the annulment of a first judgment by default against the supplier in 2003, the Landgericht dismissed the action in November 2014. According to the Landgericht, the termination of the distribution contract was not a breach. .

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