For this reason, the British courts consider that the “fundamental violation” by the agent is more often invoked by the principals than it is. Proof that the representative breached the contract so that the Agency`s immediate termination is justified by Regulations 16 and 18 is often not easy and it is important to ensure that litigation is not costly and lengthy. The Wingert case, however, is subject to a significant restriction; If the only damage suffered by the agent is the loss of commissions, the damage should be limited either by the natural expiry date of the contract or by the 180-day period for indeterminate agreements. For example, at Mellum v. Bioworld Merchandising, Inc., 2008 WL 4205267 (D. Minn. 2008), the Minnesota region held that if the only damage suffered by the agent as a result of improper termination, future commissions were lost, it was not entitled to claim further damages. Id. at `2- `3. However, under Regulation 13 of the Commercial Agents Regulations (Council Directive) of 1993, the contracting authority and the agent are entitled to receive from each other “a signed written document containing the terms of the agency contract.” This means that both parties are entitled to a registration of the conditions already put into service, reflecting what has been done so far by mutual agreement. At present, therefore, the adjudicating authorities should be aware that there is no guarantee that the Court of Justice will always take a “clear” approach and deduct the representative`s costs. In some cases, if the amounts are significant enough, it may be interesting for the officer to question this point in light of the current uncertainty about the position. Where an agent is in dispute in this area, it is advisable to write in writing to the enforcement authority of Regulation 12 and, if necessary, to refer to any additional rights conferred by the written contract and to require that such information be provided within a reasonable time, perhaps fourteen days.
If a client has no good reason to terminate a contract, but nevertheless wishes to terminate his relationship with a representative, the only option is not to renew the sales contract at the end of the natural procedure. If the contract is valid for a fixed term, the representative must be informed of the intention not to renew it 90 days before the contract expires. The law expressly states that “no one can miss a commercial agent contract without a 90-day extension.” Mr. Minn. Stat. 3. The only law that we practice is the law that deals with commercial agents. In other cases, particularly where the alleged offence is not as clear, it is essential to follow and document a clear procedure, comparable to a disciplinary procedure in labour law, which requires legal provisions, a proper investigation and sufficient opportunities for the agent to present their views and, if possible, to remedy alleged breaches or other alleged omissions complained about by the client.