IUCAB Legal Working Group meets in Florence
On 8th April 2016, the Members of the IUCAB Legal Working Group (LWG) came together for a meeting at Hotel Adriatico in Florence.
The meeting was attended by: Mr. Paul Holtrop, IUCAB Secretary General, Mr. Michael Svendsen (MAQS Law Firm), Mr. Carlo Tabellini (Studio Tabellini Law Firm), Mr. Larry Coltman (Hill Hofstetter LLP), Mrs. Patricia Keltner (APAC), Mr. Gaël Grignon Dumoulin (FNAC), Mr. Henrik Renner Fredriksen (Virke, the Enterprise Federation of Norway). During the meeting Mrs. Marta Zelewska (CDH) was introduced as a new member of the LWG.
Following items have been discussed:
- Draft Distribution Agreement
Considering the fact that IUCAB Members also have distributors, Mr. Svendsen has prepared a draft distribution agreement. The final version will be presented later this year.
- Case Law
Mr. Coltman presented new case law (Lithuanian Supreme Court February 2016) regarding compensation for commercial intermediates. Furthermore new case law (German Supreme Court (BMW) of 2015) regarding distributors’ claim of indemnity has been discussed.
- Calculation of Indemnity/Compensation
Mr. Grignon Dumoulin leaded a discussion regarding the calculation of compensation under French law. Main issue is, that in France agents are not authorised to “negotiate” and thus not able to claim indemnity or compensation.
LWG will produce a list with an overview of countries that include services agents in their agency legislation and a list about which countries give protection to distributors regarding indemnity.
The next IUCAB LWG meeting will be held in Stockholm, Sweden, on Friday 9th September 2016.