How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask legal eagle Your Own Question

legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11469
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
44859865
Type Your German Law Question Here...
legal eagle is online now
A new question is answered every 9 seconds

EU Regulations (Commercial

Resolved Question:

EU Regulations (Commercial Agents Directive 1986) my contract is a fxed term ending on a srecific date. Regarding fixed term contracts in German Law, am I entitled to 6 months notice of the contract terminating, my lenghth of service is over six years. Or does the termination date in the fixed term contract have no notice reqirements from the principle to myself. Regards ***** *****

Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,


thank you for using Just Answer.

The law is § 89 HBG ( commercial law)

According to this law if the contract is for an indefinite time and has been longer than 5 years you are entitled to 6 months`notice.


If however the contract is continued after the fixed term it is continued for an infinite time.


If your contract was continued after the fixed date you are entitled to 6 months`notice.



If I have helped I would very much appreciate being given positive feedback
Expert:  legal eagle replied 1 year ago.
Dear Customer,


any more questions ?

Please do not hesitate to ask
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11469
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you
Customer: replied 1 year ago.


My contract was a fixed term contract to end on my 65th birthday, the principal gave me three months notice to the end the contract on the 31st December 2012.

I do beleive that with my service of eighteen years that the regulations say over six years it is six months notice.

Regards

xxxxx xxxxxx

Expert:  legal eagle replied 1 year ago.
Dear Customer,

termination on the 65 th birthday isn´t really considered as termination it is just the date when retirement sets in.

So it should be six months anyway
Customer: replied 1 year ago.


Could you just confirm, that when a fixed term contract has an end date,which is my 65th birthday October 25th 2012. The principal in his letter states, the contract terminates without notice not later than the end of the callender year in which the sales agent reaches the age of 65.When the principle sent September 11th 2012 ends the contract on the 31st December 2012. Should I have received six months notice from my birthday date or from the letter date.

Regards

xxxxx xxxxxx

Expert:  legal eagle replied 1 year ago.
Oh I see.

This is a termination that is automatical and does not require giving notice at all

The contract just ends with your 65 th birthday. This is quite common in employment contracts and is also possible because it is not considered as age discrimination
Customer: replied 1 year ago.

Is employment law the same as the Commercial Agents Directive 2008 which is applied accross all Europian Countries in the EU.

Regards

xxxxx xxxxxx

Expert:  legal eagle replied 1 year ago.
Yes but as the termination is automatical this has nothing to do with the 6 months of notice
Customer: replied 1 year ago.

Thanks for your help.


Roger

Expert:  legal eagle replied 1 year ago.
you are very welcome


Customer: replied 1 year ago.

Sorry to trouble you, having read your reply more fully does the wording
yes but asthe termination is automatical this has nothing to do with 6 months notice. Does this mean that I should have had 6 months notice of the end of contract.


Regards


Roger


 


 


 

Expert:  legal eagle replied 1 year ago.
Dear Customer,

no there is no need to as the contract ends on a fixed term ie. retirement age.

This would only be different if the contract ended on a fixed term say yter two years and you would simply continue working after that


Then it would be an infinite contract with the consequence of a certain notice
Customer: replied 1 year ago.

Your answer is Iam not entitled to any notice from the principle.


Roger

Expert:  legal eagle replied 1 year ago.
No alas not
The termination with age 65 is in many contracts and the employmwent ends automatically
Customer: replied 1 year ago.

Thanks for all your help.


Roger

Expert:  legal eagle replied 1 year ago.
You are welcome
Sorry you do not have notice
Customer: replied 1 year ago.


Could you please clarrify the question of Indemnity payment under German Law.

On the 26th March 2009 Case Reference C-348/07 the EUROPEAN COURT OF JUSTICE issued a judgement which had significant effect on German Law and the German Courts decision relating to Indemnity and what Commercial Agents are entitled to.

The EUROPEAN COURT OF JUSTICE has now establishedthat German Law had previously been inconsistant with the Directive 86/653/EEC Article 17(2)(a) the rights to commission which the Commercial Agent loses.

An appropriate amendment to section 89b of the German Commercial Code has been adopted and the amendment is expected to come into force in August 2009

All Comercial agents previously disadvantaged by the code can now rely on the judgement.

 

Taking into account the above could you advise how many months commission I am entitled to.

Is it 12months commission average over the last 5 years.

 

Regards

xxxxx xxxxxx

Expert:  legal eagle replied 1 year ago.
Dear Customer,


as this is a whole new question I would ask you to open a second thread


Thank you so much
Customer: replied 1 year ago.

What do you mean second thread.

Expert:  legal eagle replied 1 year ago.
Dear Customer,

I mean would you please be so kind as to ask this as an extra question so the expert gets extra pay for it

thank you so much
Customer: replied 1 year ago.


Can I confirm that this is an extra question but related to the same contract.


Roger


 


IF NOT HOW DO I ASK THE EXTRA QUESTION

Expert:  legal eagle replied 1 year ago.
Yes
Customer: replied 1 year ago.


will the question now be answered

Customer: replied 1 year ago.

Has the new question been accepted when will it be answered.


Roger

Expert:  legal eagle replied 1 year ago.

Dear Customer


Thank you ever so much for your extended patience.


You refer to $ 89 b HGB( Handelsgesetzbuch) which is the German Code of Commerce.

This law states that the sales agent can demand a reasonable compensation if the contract is terminated under certain conditions.

These conditions are that the sales agent has acquired new clients and the company still enjoys the benefits of these clients, and that given all circumstances a compensation is justified.


To extend business relations with an existing clients equals acquiring a new client.



The compensation is limited to the provision of one year and to calculate this you take the average provision of 5 years.



There is no claim if the sales agent terminated the contract without reason, or if the company terminated the contract with good reason or of the sales agent or the company have agreed on a third party entering the contract



There is a one year statute of limitation on this claim after the contract was terminated.



So these are the rules.


I hoped that I have managed to assist you.



If I have helped giving me positive feedback would be greatly appreciated


So if you kindly would click a smilie a second time or Pay a bonus

thank you so much
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11469
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • RA Schiessl

    Attorney

    Satisfied Customers:

    15
    Attorney-at-law with more than 16 years of experience - board certified specialist.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/RASchiessl/2013-3-18_10659_1.64x64.JPG RA Schiessl's Avatar

    RA Schiessl

    Attorney

    Satisfied Customers:

    15
    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • http://ww2.justanswer.com/uploads/SC/SchiesslClaudia/2013-11-27_153731_unnamed2.64x64.jpg legal eagle's Avatar

    legal eagle

    Attorney

    Satisfied Customers:

    563
    20 years of experience in all kinds of law, especially employment law and family law.
  • http://ww2.justanswer.com/uploads/HH/hhvgoetz/2012-9-26_165512_DSC05932KopieKopie.64x64.JPG hhvgoetz's Avatar

    hhvgoetz

    Rechtsanwalt, LL.M.

    Satisfied Customers:

    96
    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • http://ww2.justanswer.com/uploads/a.merkel/bwbilda.jpg a.merkel's Avatar

    a.merkel

    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    64
    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    433
    Spanish Attorney