Attorney at Law Dr Lukas Fantur
Dr Lukas Fantur
Attorney at Law


Endresstrasse 119
1230 Vienna - Austria
Phone: +43-1-513 85 20
Fax: +43-1-513 85 20-20
www.fantur.at/english
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    Commercial Agent (Sales Agent) Austria | Compensation at the Termination of the Contractual Relationship | Investment replacement

    Compensation | Prerequisites | Maximum Compensation | Investment Replacement

    In general, the termination of the contractual relationship generates the right of a reasonable compensation for the commercial agent (also referred to as sales agent), unless he himself has given notice or terminated the contract prematurely without plausible reason or cedes his rights to a third party.

    Termination because of retirement or illness of the commercial agent is explicitly mentioned by law as reasonable grounds. Therefore the commercial agent is entitled to claim compensation also in those cases.

    Prerequisites for Compensation

    The essential prerequisite for compensation is

    Another criterion for compensation is whether the rules of „equity“ are met. The relevant calculation-parameters are

    The Commercial Agent loses his entitlement to claim compensation if he has not informed the Principal of asserting his rights witihn one year after termination of the contract.

    Maximum Compensation

    The maximum is the average annual commission of the last five years. If the contractual relationship lasted less than five years, then the average annual commission of the whole period is the basis for calculation. 

    Investment Replacement

    Upon termination of the contractual relationship with the principal, the commercial agent is entitled to compensation for the investments he was contractually obliged to make, as far as long they are neither amortizied nor exploitable adequately at the termination of the contract.

    The commercial agent is not entitled to claim investment replacement if

    The commercial agent (Austria) loses his entitlement to claim if he has not informed the principal of asserting his rights witihn one year after termination of the contract.

    The claim for replacement of investment can neither be repealed nor limited by agreement in advance to the disadvantage of the commercial agent.

    The compensation claim will not be affected by the provisions regarding investment replacement.

    Sales Agent (Commercial Agent) Law Austria | General

    Topics : Sales Agent | Commercial Agent Law | 0 Kommentare »