Franchise & Distribution Newsletter n°22

FRANCE

• Further clarifications on sudden termination of established business relationships.
• Significant Imbalance: the importance of evidence of the lack of effective negotiation.
• The forfeiture clause of which the cost is deterrent may be reclassified as a penalty clause.
• Termination of a distribution agreement to the exclusive fault of the manufacturer for failure to deliver 12% of the distributor's orders.

GERMANY

• Unlawful restrictions of competition: Restrictions of sales by territory or customer groups
• Distribution & Data Protection: Principals cannot refuse to provide book extracts due to the GDPR

UNITED KINGDOM

• Brexit - nothing changes until everything changes
• CJEU rules on Member State jurisdiction over online EU trade mark infringement

NETHERLANDS

• Advice from the Counsel of State regarding the draft bill franchise
• Update on the Netherlands Commercial Court

SLOVAKIA

• New information obligations under EU law applicable to sellers of foodstuffs in Slovakia