The German Federal Court of Justice specifies the relation between the primary and secondary distribution agreements in light of the short termination period according to Article 3(5)(b) Reg. 1400/2002 (Renault Nissan Deutschland)

In a decision of 24 June 2009, the German Federal Court of Justice (“BGH”) specified the relation between the primary and secondary distribution agreements in light of the short termination period provided for by Article 3(5)(b) EC Regulation 1400/2002. In its decision, the BGH upheld the judgment of the Higher Regional Court Frankfurt am Main (“OLG Frankfurt am Main”), in which the latter dismissed the appeal of a secondary distributor (“plaintiff”), stating that the primary distributor (“defendant”) was entitled to shorten the termination period from two to one year. The defendant was an authorized primary distributor in a two-tier distribution network, operated by the motor vehicle manufacturer, Renault Nissan Deutschland AG (“intervener”). Under the

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  • Dentons (Berlin)

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Josef Hainz, The German Federal Court of Justice specifies the relation between the primary and secondary distribution agreements in light of the short termination period according to Article 3(5)(b) Reg. 1400/2002 (Renault Nissan Deutschland), 24 June 2009, e-Competitions Bulletin June 2009, Art. N° 32010

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