Distribution law

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Distribution law is the right to mediate the sale of goods and services . It serves to regulate the sales organization. It includes, in particular, the legal relationships between suppliers and buyers in business transactions, between entrepreneurs and commercial agents (commercial agency law ) or brokers , between insurance companies and insurance agents or insurance brokers , between building society and building society agent , between franchisor and franchisee (franchise law), between employer and employed traveler and between Manufacturer or supplier and authorized dealer. The legal relationship with the end customer (e.g. buyer , policyholder , tenant, investor , client ), however, is usually not seen as part of distribution law.

Distribution law is not regulated in a coherent manner. The provisions applicable to the aforementioned legal relationships can be found primarily in the following laws: Civil Code ( BGB ), Commercial Code ( HGB ), Introductory Act to the Civil Code (EGBGB). But also statutory provisions that regulate the “may” in the area of ​​sales mediation or organization are part of distribution law. This applies, inter alia, to certain standards relating to the following areas: competition law , antitrust law , data protection law . Finally, European law is also an important source of law for distribution law. Commercial agency law (§§ 84–92c HGB) is applied accordingly (analogously) in particular to authorized dealer agreements and the distribution law part of franchise agreements.

Motor vehicle distribution law is of great importance within distribution law , which is ultimately also proven by the fact that a separate block exemption regulation (Regulation 1400/2002 of July 31, 2002) was issued for this area of ​​law . However, their validity expired in 2010. Since then, the "umbrella GVO" 2790/10, which applies to all sales contracts, has also applied to motor vehicle sales law. In addition, on May 27, 2010, the European Commission adopted revised competition rules in the form of the Block Exemption Regulation (VO 461/2010) for agreements between vehicle manufacturers and their authorized dealers, workshops and spare parts providers. In the Republic of Austria , the Motor Vehicle Sector Protection Act was a separate statutory provision for motor vehicle distribution law.

There is a "German Society for Distribution Law", to which well-known lawyers who work in this field belong.

literature

  • Marius Mann: Distribution law in trade and industry , CH Beck, Munich 2017
  • Raimond Emde: Distribution Law , 2nd edition 2011
  • Küstner / Thume: Handbook of the entire distribution law , Volume 1 The law of the commercial agent , 5th edition 2016; Volume 2 The Compensation Claim of the Commercial Agent , 9th edition 2014; Volume 3 Distribution Law , 4th edition 2015
  • Jan Patrick Giesler: Practical Guide to Distribution Law , Deutscher Anwalt Verlag, Bonn 2005, pp. 28–31
  • Michael Martinek , Franz-Jörg Semler and Stefan Habermeier : Handbuch des Vertriebsrechts , 3rd edition, Beck, Munich 2010, ISBN 978-3-406-57182-4
  • Axel Birk, Joachim Löffler: Marketing and Sales Law , 1st edition, Munich 2012, ISBN 978-3-8006-4268-7