Bahas Gramatidis & Partners
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By virtue of a Presidential Decree introduced in Parliament for endorsement changes are effected in legislation concerning commercial agents. The new presidential decree modifies and replaces provisions of Presidential Decrees 219/1991, 249/1993 and 88/94.
The main changes introduced are the following:
The commercial agent is entitled to commission, for a commercial transaction entered into for the duration of the commercial agency contract, in cases where:
a. The transaction has been made due to his intervention;
b. The transaction has been concluded with a third party with whom the agent has previously entered into transactions of the same kind and thereby made such party a client;
c. The agent is competent for a defined geographic area or a defined group of persons and the transaction has been entered into with a client active in such an area. In case no agreement has been made between the parties, the commercial agent is entitled to commission, fixed as a percentage on the value of the contract, where he has acted as an intermediary or which he has concluded on the part of the principal, in compliance with the usage prevailing in the place of his profession and regarding the representation of goods related to the commercial agency contract. Such a contract must be concluded in writing and may be terminated at any time. The time limits laid down in the law with regard to termination may not be complied with: a. in case one of the parties omits to perform the entirety of its contractual obligations or part thereof, and b. in the event of extraordinary circumstances.
The extinction of the agent's right to commission is accepted only in cases where the contract between the third party and the principal is not executed and the resultant non-execution is attributed to facts for which the agent is not liable. In such an event commission already paid to the agent is returned, since his right on same is deemed as extinct.
Athanassios Vamvoukos, Bahas, Gramatidis & Associates, Athens, Greece
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