Vertriebsrecht Alleinverkauf - The economic risk as determining factor for the qualification as distributorship agreement - the end?

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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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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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