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Court of Justice of the European Union, Decision of 28 October 2010, C 203/09 (Volvo Car)

§ 89 b Abs. 3 Nr. 2 HGB: Agent’s entitlement to an indemnity

Article 18(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents precludes a self-employed commercial agent from being deprived of his goodwill indemnity where the principal establishes a default by that agent which occurred after notice of termination of the contract was given but before the contract expired and which was such as to justify immediate termination of the contract in question.