Goodwill compensation upon termination of a sole distributorship agreement under German law and the Draft Common Frame of Reference

Bibliogr. s. 22-24

Despite the fact that there is a substantial similarity in the economic position of commercial agents and that of sole distributors, the latter remain unprotected by mandatory provisions of law in most of the European countries, including Poland. By comparison, as early as in 1960s the German courts have decided to grant distributors the right to claim a goodwill compensation for the termination of the agreement by means of an extensive interpretation of the provisions of the German Commercial Code protecting commercial agents. Due to the similarities between both kinds of business cooperation such approach should also be welcomed and followed by Polish courts. An in-depth analysis of the current trends regarding the protection of sole distributors under the laws of Germany and other European countries is relevant, because of the increasing role of that form of business cooperation in Poland.