HCCJ. The exclusivity clause in a distribution contract

High Court of Cassation and Justice has ruled that it can not be regarded as an exclusivity clause that clause in a distribution agreement, in which the parties have limited distributor’s right of marketing the product purchased in a given territorial area, exceeding it and marketing in areas other than those stipulated in the contract will draw to termination penalty. In this regard, the High Court held that to be in the presence of exclusivity clause in distribution is required that by contract to provide express just the distributor’s right to sell the product bought in the geographical area indicated, with a penalty for the seller if he sells similar products to another dealer who would be opened the merchandise in the same area. (Decision no. 2327 of June 19, 2014 rendered on appeal of Civil Section II of the High Court of Cassation and Justice covering claims)

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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