The Brussels Court of Appeal awards damages for active sales breaching an exclusive distribution agreement (Horas International / Rexit)

The facts The appellant in this case is a Belgian firm whose business activities consist in distributing furniture and accessories (hereafter the “distributor”). The defendant is an Italian company specialized in the design and production of furniture (hereafter the “manufacturer”). In 1985, the manufacturer granted an exclusive right to distribute its products within the Benelux territory. This agreement was however subject to various sales targets. During Spring 1997, following a previous warning, the manufacturer informed the distributor of its intent to terminate the distribution agreement by the end of that year because of insufficient results. The distributor responded however that the sales had dramatically increased in 1997 in spite of an alleged crisis in the office furniture

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Tarik Hennen, Alexandre Defossez, The Brussels Court of Appeal awards damages for active sales breaching an exclusive distribution agreement (Horas International / Rexit), 15 March 2006, e-Competitions Bulletin Exclusive distribution, Art. N° 1386

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