A commercial agent is remunerated with post-commission for his efforts during the agency period, which is why the commercial agent is, in principle, entitled to commission on agreements entered into during the agency’s existence, even after the agency period has expired.
If you are a commercial agent or principal? Then you can easily experience problems with delimitation regarding a commercial agent’s right to commission after the end of the collaboration.
Are you entitled to post-commission?
The right to post-commission is regulated in the Commercial Agents Act. In particular, sections 9 and 10 of the Act regulate this issue – i.e. the commercial agent’s right to commission after the end of the cooperation. The following gives you an overview of your right to post-commission. As a rule of thumb, you are only entitled to commission on orders placed:
- During the agency period under, cf. section 9 of the Commercial Agents Act.
- However, according to section 10, you are entitled to post-commissioning on agreements entered into after the end of the collaboration, but where the customer’s offer has reached the principal before the end of the cooperation, or
- If the agreement has been entered into mainly through the commercial agent’s efforts during the agency period and if it has been entered into within a reasonable time after the end of the cooperation.
What applies to termination of a cooperation under a framework agreement?
If you, as a commercial agent, have entered into a framework agreement with the principal, which determines the conditions for procurement in advance, the Danish Maritime and Commercial High Court has now clarified the question of whether you are entitled to a commission after the end of the cooperation.
In a new decision from the Maritime and Commercial High Court, clarification has been achieved regarding questions on the right to commission after the cooperation ends, in accordance with a framework agreement. The legal position is as follows:
- A framework agreement concluded in cooperation between the principal and the agent,
- which determines the conditions for procurement in advance,
- which, moreover, does not impose a purchase obligation on the principal,
- where the termination notice period falls within the term of the framework agreement,
- does not entitle the agent to commission after the end of the cooperation.
Suppose you are in doubt about the rules that apply in the area. Then you are always very welcome to contact us. Our lawyers have extensive experience and will always advise you if you need it.