If the parties have not agreed on notice in the agency contract, the specific termination provisions covered by Article 7:437 of the Dutch Civil Code apply, i.e. at least 4 months, plus one month after 3 years or more and 2 months after 6 years or more. An agency agreement has no form. However, a written agreement is preferable from the point of view of the evidence, but even if there is no written agreement, a judge may judge on the facts that there is an agency contract. Article 7:428, paragraph 3, of the Dutch Civil Code stipulates that each party is required to grant the other party, at its request, a written agency contract. Although the parties give a different title to the agreement (for example. B cooperation agreement), but whether they have the aforementioned characteristics of an agency agreement, this should be considered an agency agreement. In this case, the (compulsory) legislation of the Dutch law on commercial agencies applies. Another important judgment, which emphasizes the importance of the applicable law, is the so-called UNAMAR decision. The result of this decision is that a Dutch client, who appoints a Belgian representative and makes a legal choice in favour of Dutch law, is not obliged to subject the client to the wider protection of the agent under Belgian law, unless the Belgian court decides that strengthening the protection of the Belgian representative serves a fundamental national interest. According to the European Court of Justice, this last point is not easily plausible. The main rule, therefore, is that the agency contract is, in principle, exclusively governed by the law provided for by the treaty.
To avoid misunderstandings, it is of the utmost importance to include the applicable law in the treaty as clearly as possible, in order to avoid disputes about it and to tell you where you stand. At the commercial agent`s request, the sub-district court may rescind all or part of the non-competition clause at a time when the clause disproportionately affects the commercial agent with respect to the interest to be protected by the client. In a number of specific cases, the client cannot deduct rights from a non-competition clause, for example. B if the statutory deadline for termination was not met at the time of termination of the agency contract, or if the termination is due to an urgent reason attributable to the client. From the point of view of the contracting authority, it is therefore desirable to include an appropriate non-competition clause in the agency contract. If you (as a sales agent or principal) would like to help you establish and negotiate an applicable and legally binding agency contract, or in the event of a dispute or termination of an agency contract, please contact us.