Motor Vehicle Sector Protection Act Kraschg

Original Language Title: Kraftfahrzeugsektor-Schutzgesetz – KraSchG

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11. Federal Law, which contains provisions for the protection of tied businessmen in the motor vehicle sector (motor vehicle sector protection law-KraSchG)

The National Council has decided:

Scope

§ 1. (1) This federal law shall apply to distribution agreements relating to the purchase or sale of new passenger cars and light commercial vehicles and spare parts for such motor vehicles, as well as for repair or maintenance services for motor vehicles which have been sold under such distribution agreements.

(2) A distribution agreement within the meaning of this Act is a contract between an entrepreer (a binding entreprentice) with one or more economically independent entrepreneurs (tied entrepreneurs), by means of which they relate to: or the distribution of goods, or the use or provision of services.

(3) A passenger car in the meaning of this Act is a motor vehicle which is used for the carriage of persons and which, in addition to the driver's seat, does not have more than eight seats.

(4) A light commercial vehicle in the meaning of this Act is a motor vehicle which is used for the carriage of goods and persons and whose maximum authorised mass does not exceed 3,5 tonnes; shall also be provided by a light commercial vehicle. of a maximum authorised mass of more than 3.5 tonnes, all designs of this vehicle shall be considered as light commercial vehicles.

§ 2. (1) This federal law shall be without prejudice to regulations in accordance with which the legal consequences provided for in this case arise in other cases.

(2) Insofar as agreements have been made by this Federal Act to the detriment of the bound entrepre, they shall be ineffective.

Termination of a sales binding agreement

§ 3. (1) An open-ended sales agreement can only be resolved in writing, subject to a two-year notice period, unless the bound contractor has been granted territorial protection. The period of notice shall be reduced to one year if it is necessary for the employer to restructure the distribution network as a whole or for a substantial part of the period. This shall not affect the right of a part of the contract to an extraordinary termination in the event that it is not reasonable to maintain the contract for important reasons.

(2) The tied contractor shall have the right to sell back to the binding contractor the goods which are subject to the distribution link at the termination of the distribution agreement. The repurchase price has to be based on the net purchase price minus discount for wear taking into account the marketability of the market. The right is to be asserted in writing by the end of the term of the contract, in case of premature termination on an important basis within four weeks after receipt of the notice of termination.

Transfer of rights and obligations under the distribution agreement

§ 4. The tied contractor has the right to transfer his rights and obligations arising from the distribution agreement to another bound entrepre of the distribution system, insofar as the non-important reasons on the part of the binding company are not important. Stand up to the operator.

Warranty and warranty compensation

§ 5. If a tied contractor has provided guarantee or satisfies warranty claims on the basis of the distribution agreement or because of a defect which has already been delivered to the tied contractor in the event of extradition or due to a defect, the tied entrepreneurs to the binding business owner, to the replacement of the necessary and useful effort connected with the services.

Technical information

§ 6. The binding contractor shall make available to the tied contractor the necessary technical information for repair and repair on reasonable terms.

Out-of-court dispute settlement

§ 7. (1) A part of the contract has to refer to the amicable settlement before the application of an action on a dispute arising out of the distribution agreement for the amicable settlement, to submit an application pursuant to § 433 (1) ZPO or, if the other party in agreement to submit the dispute to a mediator. The action shall be admissible only if three months from the initiation of the conciliation procedure, from the date of the request to the court or from the start of the mediation, without an amicable agreement having been reached.

(2) As a mediation body within the meaning of paragraph 1, only a mediation body established by a notarial chamber, a lawyer's chamber or any other body of public law comes as a mediator only a mediator in the sense of the Civil law mediations law, BGBl. I No 29/2003, as amended.

(3) Unless the parties agree otherwise, the costs of mediation, judicial settlement or mediation shall initially be borne by the party which sought amicable agreement. If no amicable agreement can be reached, these costs should be dealt with in the legal dispute such as pre-processual costs.

(4) The conciliation body, the court or the mediator shall issue to the plaintiff a written confirmation that no amicable agreement could be reached. This confirmation shall be followed by the plaintiff of the action.

entry into force

§ 8. This federal law will enter into force on 1 June 2013.

Enforcement

§ 9. The Federal Minister of Justice is responsible for the enforcement of this federal law.

Fischer

Faymann