08 Feb The prove of breaching commercial agents agreements
We welcomed the decision of the Provincial Court of Zaragoza that dismiss the appeal filed by a commercial agent against the company he had been providing services and refused to satisfy the amount claimed by the agent in respect of notice and compensation for customers.
The truth is that the agent’s sales volumes were originally very significant so that the amounts claimed exceeded quarter of million euros.
The case was complex considering that the commercial agency contract developed in another EU country and that there was a distribution agreement for African countries.
The company’s refusal was based on the conviction of the unfaithfulness of the commercial agent, having indirect information (certainly more rumors than anything else) about the provision of services of the referred agent for a competitor. At this point and given the nature of the case, the proof of this disloyalty was in extreme complex, considering that the actions of the agent were made with evident concealment, to which it was necessary to add the enormous difficulty that supposed that these performances were developed abroad.
Therefore, our satisfaction to verify the success of the defense strategy proposed and executed by our firm.
So after the analysis made by the magistrates of the correction of the resolution letter of the relationship, the Provincial Court of Zaragoza states that “In these types of cases in which the consequences of irregularities are extremely serious (at least, loss of compensation for clients and damages) it is unusual to have direct, irrefutable evidence, such as invoices for the collection of commissions by a defaulting agent paid by the company of the competition or witness evidence of companies that, knowing that the agent works for a company come to recognize that they have accepted that the same agent intermediates for another, especially when in addition to professional relationship with the agent there is a close friendship relationship. And this even when the agent wants to end their relations with the company knowing what the complaint would mean in economic terms. “
The magistrates conclude that, in view of the evidence displayed by the company (proof that they do not consider, on the basis of the above, as direct evidence) saying that “The trial judge reached the conclusion of the certainty of the justifying cause of the resolution for the accumulation of others – facts – that were considered accredited. And this room shares its criteria.”
It is the case in which more proof we have been forced to deploy, reaching levels beyond imaginable. This reaffirms the maxim that everything, absolutely everything, even if it is hidden, can be proven before the courts.
You just have to know how to do it and be really willing to go to the end.
We conclude with the conclusion of the Provincial Court that reiterates “Facts all of them that valued as a whole (…) conform, to the judgment of this room, the certainty of the resolutive cause”.
Navarro Llima Abogados SL, work throughout the national territory in serious defense of our clients.
Jaime J. Navarro