Vertriebsrecht Alleinverkauf - Length of the exclusive distributorship as criterion for the reasonable notice period under the Belgian Act on the termination of exclusive distributorship agreement

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For more than 45 years, Belgian case-law almost unanimously accepted the longer the length of the exclusive distributorship was, the longer the length of the reasonable notice period should be. The preparatory works on the Act of July 27, 1961, stated that the goal of the reasonable notice period was to provide the distributor enough time to find a new, equal exclusive distributorship. The Courts reasoned that the longer the terminated exclusive distributorship, the more difficult it would be to find a new, equal distributorship and thus the more time should be given to the distributor.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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