1. The trend towards protecting distributors in case of termination: a general overview
Silvia Bortolotti

2. Analogical application of the rules protecting commercial agents
Portugal
Spain
Switzerland
Austria
Germany
Greece
Denmark

3. Main circumstances considered by Courts:
Integration of the distributor in the supplier’s network
Increase and transfer of the clientele

4. Conclusions on the analogical application
Evaluation on a case-by-case basis
Different criteria to calculate (net/gross profit)
Mandatory/non mandatory rules

5. Further means of protection:
Unfair enrichment (Spain)
Article 454 of the Austrian Commercial Code – HGB: non amortized investments
Belgian Law 27 July 1961 (as amended in 1971): “supplementary indemnity”
Abuse of right (Italy)

6. Long notice periods imposed by law and/or case-law
Dutch case-law
French rupture brutale
Belgian law 27 July 1961 (as amended in 1971)

7. Minimum notice periods:
BELGIUM
Law 27 July 1961, as amended in 1971
Minimum notice periods:
- Contracts for definite periods: 3/6 months
- Contracts for indefinite periods: reasonable notice or fair indemnity

8. Thank you for your kind attention!
Silvia Bortolotti