In the past, Courts refused the qualification as distributorship agreement to commercial relations where the ‘distributor’ did not bare the risk of disappointing sales and price fall, was only invoiced for the goods after the ‘distributor’ himself invoiced them to his customers or received only a commission on sales. Another element that could indicate the lack of economic risk with respect to the ‘distributor’ is the non-existence of any investments (f.e. stock).
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