The German Federal Court of Justice clarifies the requirements of the reduction of the termination period according to Article 3(5)(b) Reg. 1400/2002 (Renault Nissan Deutschland)

The German Federal Court of Justice (“BGH”) clarified in a decision of 20 October 2010 the requirements set by Article 3(5)(b)(ii) Regulation 1400/2002 for the short termination period for authorized distributor agreements on the grounds of the restructuring of distribution network. By this, it overruled the Higher Regional Court Cologne (“OLG Köln”), deciding that the motor vehicle manufacturer, Renault Nissan Deutschland AG (“defendant”), was entitled to shorten the termination period. According to the named Article of Regulation 1400/2002, the termination period is reduced from two to one year if the supplier terminates the agreement where it is necessary to re-organize the whole or a substantial part of

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  • Dentons (Berlin)

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Josef Hainz, The German Federal Court of Justice clarifies the requirements of the reduction of the termination period according to Article 3(5)(b) Reg. 1400/2002 (Renault Nissan Deutschland), 20 October 2010, e-Competitions Bulletin Automobile, Art. N° 38143

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