Distribution Law

My professional focus in international distribution law is on contract law and distribution law matters, including international civil procedure law and unified substantive law.

Main areas of practice in international distribution law:

• Distribution agreements: Examination and drafting of distribution law contracts, within the scope of application of the ARC for distribution agreements without a foreign connection as well as on the basis of harmonized European Community law with an international connection;
• International sale of goods: sales contracts within the scope of application of the UN Convention on Contracts for the International Sale of Goods (CISG);
• prevention in international commercial transactions and supply relationships;
• Vertical distribution systems: Franchising, authorized dealers, commercial agents;
• Online-based forms of distribution: Distribution via trading platforms on the internet, licensing law issues, competition and antitrust law aspects;
• Foreign trade law: risk-oriented advice on cross-border trade transactions, in particular contract drafting, payment protection and enforcement of claims;
• Customs law issues, in particular in connection with Regulation (EU) No. 942/2013;
• Points of contact between employment law and distribution law: in particular agreements on performance-related remuneration components for employees in distribution (commission agreements);

Link between employment law and distribution law

Employees in sales usually have a performance-related salary component. This is usually structured as a commission, the amount of which depends on the turnover generated by the sales employee or sales team or the achievement of certain thresholds or targets. Commission agreements for employees are usually measured against the legal requirements of employment law and the case law of the labor courts. This repeatedly leads to difficulties, particularly when drafting legally effective commission agreements.

Distribution systems and supply chains

In addition to the traditional issues relating to the law of indirect distribution (authorized dealers, commercial agents and franchise systems), we handle distribution law issues with a focus on

• Framework agreements in the international supply and distribution business;
• Recourse within the supply chain;
• Corruption prevention in supply chains and distribution systems;
• Responsibility and due diligence obligations in international supply chains;
• Sustainability, social responsibility and respect for human rights in international supply chains;