The commercial agent’s post-contractual commission claim and compensation claim

• The commercial agent may assert a claim for compensation after termination of the contractual relationship.

• The right to compensation cannot be contractually excluded or qualitatively limited in advance. A termination agreement before the termination of the contractual relationship does not exclude the right. The right to compensation cannot be partially excluded or limited either, making it indispensable.

• The contracting parties may agree on the payment and amount of compensation at or after termination of the contract

• Commercial agents who have worked full-time for a company for several years should not allow themselves to be transferred into a part-time commercial agency relationship according to Section 92b of the German Commercial Code (HGB) at the end of the collaboration, as otherwise the right to compensation will no longer apply.

Requirements for a compensation claim

1. The commercial agency relationship must be terminated:

Termination by the commercial agent does not itself give rise to a claim for compensation unless the termination was initiated by the principal. In the case of termination by the principal, the commercial agent is, as an exception, not entitled to compensation if the agent has given the principal good cause for termination without notice through his own culpable conduct. The right to compensation is also excluded in the case of a so-called "successor clause."

2. Significant advantages for the entrepreneur after termination of the contract:

Significant advantages include newly acquired customers and the establishment of solid business relationships with multiple customers to the entrepreneur

3. Fairness of the compensation claim:

The fairness assessment takes into account all circumstances of the commercial agency relationship, including the reasons for its termination and the commission losses incurred by the commercial agent.

4. Legal advice on commercial agency law

If you have any questions, please feel free to contact me. We offer legal advice to both companies and commercial agents/distributors on all matters relating to commercial agency law.