Commercial agency law

The Major Principles and Court Rulings in the Law of Agency (Commercial Agents) in Germany.

1. Claim to commission

  1.1  Origin of claim
  1.2  Due date
  1.3  Territory agents, intermediary agents
  1.4  Establishment of contract
  1.5  Non-execution of the transaction
  1.6  Commission claim not applicable
  1.7  After end of contract, no lapse of commission right

2. Commission calculation, extract from the books, inspection of the books

  2.1  Monthly settlement
  2.2  Repeated acceptance does not constitute waiver
  2.3  Legal status of extract from the books
  2.4  Commission barred by the statute of limitations
  2.5  Enforcement of supply of extract from the books
  2.6  Doubts with respect to extract from the books

3. Indemnity right pursuant to Section 89b HGB

  3.1  Nature, conditions
  3.2  Reasons for terminations
  3.3  Acquisition of customers
  3.4  Loss of commission - benefits for the principal - "gross indemnity"
  3.5  Non-derogation
  3.6  Assertion of rights, prescriptive period

4. Non-competition obligation

5. Sample collections

6. Place of jurisdiction

  6.1  German agency relationships
  6.2  European agency relationships