With respect to the second issue, the Supreme Court upheld the Florence Court`s decision that the mandatory goodwill compensation rule under section 1751 of the Civil Code for Commercial Agents is not applicable to this case, since the mandatory rule of goodwill compensation under the agreement does not apply in this case. , since the “sales agency agreement” is not an agency contract, the compromise clause in the agreement is valid and effective. and the case must be referred to arbitration proceedings. The termination of an agency contract is not subject to the indication of the reason for termination. The ordinary infringement provisions also apply to agency contracts, as there are no specific legal provisions for terminating an agency contract. However, according to a case law, agency contracts may also be subject to the specific provisions relating to the termination of an employment relationship for “just cause”. Unless the parties agree otherwise, a fixed-term distribution contract can only be terminated by one party if the other party has seriously breached an essential contractual obligation. In the absence of such an offence, a notice of dismissal would be ineffective and the terminating party would be exposed to liability in the event of an infringement with damages. The principal U.S. obligatory terminated the contract in 2002 and the Italian agent filed an action shortly after in the Florence court, which sought goodwill compensation under Article 1751 of the Italian Civil Code and other claims for damages. The main U.S.
defendant refused and asked the Court to deny jurisdiction and refer the parties to arbitration proceedings. Under a valid contract, the agent is entitled to compensation at the time of termination of the contract. First, the amount of compensation must be set in the agency agreement and it depends on its duration, its nature and the amount of the termination award. The rules set out in national collective agreements must also be taken into account. Under Italian law, the exclusive award of agency contracts is a natural element. Unless the parties expressly contrary, a contracting entity may no longer appoint agents in the same territory and in relation to the same market segment, and a representative cannot encourage the operations of competing contracting entities in the same territory and in the same area of activity.