Posted the: 2014-04-28 Numac: 2014011218 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 2, 2014. -Law on the insertion of the book X "Commercial agency agreements", commercial cooperation contracts and sales concessions in economic law Code, and bearing insertion of definitions specific to the book X, in book I of the Code of law economic (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -The Code of economic law art. 2. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 8, as follows: "Chapter 8. -The book-specific definitions X. Art. I.11. the following definitions are applicable to book X: 1 ° "contract of commercial agency": contract whereby one of parties, the commercial officer, is responsible for permanently, for remuneration, by the other party, the principal, without being subject to the authority of the latter, the negotiation and possibly the conclusion of business on behalf of and for account of committing.
The commercial officer organises its activities as it sees fit and has freely of his time;
2 ° "trading partner agreement": agreement between several people, whereby one of them grants to another the right to use when the sale of products or the provision of services, a commercial formula under one or more of the following forms:-a common sign;
-a common trade name;
-a transfer of know-how;
-commercial or technical assistance.
"3rd"concession de vente": any agreement under which a licensor, to one or more dealers, reserves the right to sell products that it manufactures or distributes in their own name and for their own account."
3. in the same Code Book X is inserted, worded as follows: "Book X. - commercial agency contracts, trade cooperation contracts and concessions de vente" title 1.
-Commercial agency contracts art. X.1. this title is applicable to the contract of commercial Agency referred to in article I.11, 1 °.
This title does not apply to contracts with commercial agents which the intermediary activity is not exercised on a regular basis.
X.2. the commercial agency contract is concluded for a specified or indeterminate period.
The agency contract is concluded for an indefinite period when it has not been the subject of a written or when writing, its duration has not been determined.
A fixed-term contract, which continues to be performed after the expiry of its term, is supposed to be, upon its conclusion, an indefinite contract.
S. X.3. each party has the right, notwithstanding any provision to the contrary, for the other party a written signed indicating the content of the agency contract, including any subsequent amendments.
S. X.4. the commercial agent must ensure that the interests of the principal and act dutifully and in good faith.
In particular, the commercial agent must: 1 ° be used appropriately to the negotiation and, where appropriate, the conclusion of the business which he is responsible;
2 ° communicate to the principal all necessary information available to it;
3 ° to comply with the reasonable instructions given by the principal.
S. X.5. unless otherwise agreed, the commercial agent may in the performance of its mission, use paid subagents by him and acting under his responsibility, and he became the principal.
S. X.6. in relation to the commercial agent, the principal must act dutifully and in good faith.
In particular, the principal shall: 1 ° put at the disposal of the commercial agent the necessary documentation pertaining to the cases concerned;
2 ° obtain commercial agent the information necessary for the performance of the agency contract, including to notify the commercial agent within a reasonable time as soon as it provides that the volume of business will be significantly lower than that to which the commercial agent could normally expect.
Furthermore, the principal must inform the commercial agent, within a reasonable time, of its acceptance, its refusal or breach of a deal that he negotiated.
S. X.7. the remuneration of the commercial agent is either in a fixed sum, in commissions, or partly in a fixed sum and partly in commissions.
Any element of compensation varies with the number or the value of the business will be deemed to constitute a Committee for the purposes of this section.
If the remuneration of the commercial agent is not in whole or in part in commissions, X.8 and X.14 articles are not applicable.
X.8. for a deal done for the duration of the commercial agency contract, the commercial agent shall be entitled to a commission: 1 ° when the case was reached thanks to its intervention;
2 ° or, when the case was concluded with a third party which he previously obtained customer for similar cases.
3 ° or, where it was agreed that the commercial agent would act as a single agent in a particular sector or to a group of persons and that the case was concluded with a customer established in this sector or belonging to this group.
S. X.9. for a case concluded after the termination of the commercial agency contract, the commercial agent shall be entitled to the commission: 1 ° if the case is mainly due to the activity that it has deployed in the commercial agency contract and if the case is concluded within a period of six months from the termination of this contract;
2 ° or, if in accordance with the conditions referred to in article X.8, the third command has been received by the principal or the agent before the termination of the contract of commercial agency.
S. X.10. the commercial agent is not entitled to the commission referred to in article X.8 If this article X.9 is due to the previous commercial agent, unless it is clear from the circumstances that it is fair to share the commission between commercial agents.
X.11. the commission is payable as soon as and to the extent where one is in one the following cases: 1 ° the principal has executed the operation or should have performed it under the agreement with the third party;
2 ° the third party performed its contractual obligations.
The commission is payable at the latest when the third party has executed his part of the agreement, or should it be performed if the principal had executed his part of the agreement.
The commission is paid no later than the last day of the month following the quarter in which it became payable.
It cannot be derogated from the provisions of paragraphs 2 and 3 at the expense of the commercial agent.
X.12. in the following cases only the parties may provide that the right to the commission under articles X.8 and X.9 goes out: 1 ° if and to the extent where it is established that the third does not perform its obligations unless the breach results from circumstances attributable to the principal;
2 ° If the execution has become impossible without whether this impossibility is due to the principal;
3 ° If the execution of the operation cannot be reasonably required of the principal, especially if there is because of the third serious a cause justifying non-performance by the principal.
In all the cases referred to in this article, the commission which the commercial agent would have already seen, will be refunded.
X.13. the parties attach freely, at the conclusion of the contract of commercial agency, Commission rates.
They may agree to different rates, depending on the categories of epidemiological reviews, the nature of broadcast products or services provided and the role played by the commercial agent in the realization of the case.
They can also stop a special rate for certain particularly important or sensitive cases.
If the commercial agency contract provides no indication on the Commission rates and if no inferred elements of the relations between the parties does release their implied commitment on this issue, the usual rate practised in the economic sector of the place where the commercial agent operates, for cases of the same kind, applies.
In the absence of such uses, the commercial agent is entitled to a fair percentage, taking into account all the elements that relate to the operation.
Unless otherwise agreed, the commercial agent commissions are calculated on the basis of the price charged to the customer, without deduction of incidental expenses, including the cost of packing, freight, insurance, at least that they not be billed separately, but excluding taxes, expenses of customs and other taxes.
In any case, the loyalty rebates, discounts and cash made unilaterally by the principal client discounts cannot be excluded from the base of commissions due to the commercial agent.
Any unilateral modification, during execution of the commercial agency contract, the originally agreed rate constitutes termination to rupture. However, the judge can, account under the circumstances, interpret the unreserved acceptance for a relatively long period of commissions calculated at a reduced rate as a tacit approval of the commercial thus operated change agent.
In the areas of insurance, credit institutions and markets regulated securities, by way of derogation from paragraphs 1 to 7, the principal and his agents may conclude, in
the framework of a joint consultative body, a convention to amend the amount of the commissions or their method of calculation. The convention concluded within the joint consultative body urges all agents as well as the principal, but the changes resulting may result in the breach of contract of commercial agency.
After consultation with the representative organizations of the sectors concerned, the King may establish the terms of creation, organization and functioning of this consultation.
S. X.14. the principal challenges to the commercial agent a statement of the Commission due, no later than the last day of the month following the quarter in which they become payable.
This statement refers to all the essential elements on the basis of which, the amount of the commissions was calculated.
The commercial agent may require that it be provided all information, in particular an extract from the books, which are available to the principal and which are necessary to verify the amount of commissions owed.
It may be waived in paragraphs 1 and 2 at the expense of the commercial agent.
S. X.15. where remuneration consists in whole or in part in a fixed sum, it is paid monthly, unless otherwise agreed.
S. X.16. § 1. When the commercial agency contract is concluded for an indefinite period or for a term with the possibility of early termination, each party can put end in accordance with a notice.
The period of notice is one month during the first year of the contract. After the first year, the duration of the notice period be increased one month per additional year started without that this period does not exceed six months and without prejudice to the provisions of paragraph (3). The parties may agree to shorter notice periods.
If the parties agree to a longer period that provided for by paragraph 2, the period of notice to be observed by the principal may not be shorter than that imposed on commercial agent.
§ 2. Termination is notified by the delivery to the other party of a writing indicating the beginning and the period of notice, with acknowledgement of receipt writes of the party to which it is addressed. Notification can also be made either by letter recommended, outgoing effects the third working day following the date of shipment, or by bailiff feat. Unless otherwise agreed, the end of the period of notice must coincide with the end of a calendar month.
§ 3. The party who terminates the contract of commercial agency without respecting the period of notice set out in paragraph 1, subparagraph 2 or without invoking any of the grounds provided for in article X.17. paragraph 1 is required to pay to the other party paid the corresponding current compensation or the remainder of the notice to the part of this remaining period.
Where the commercial agent compensation consists in whole or in part in commissions, the current remuneration is calculated on the basis of the monthly average of the commissions earned during the 12 months preceding the date of termination of the contract of commercial agency or, as appropriate, the months preceding the date of termination of the contract of commercial agency.
§ 4. By way of derogation from article X.17., paragraph 1, in an institution of the insurance sector, credit institutions or markets regulated securities where a joint consultative body was created, the contract of commercial agency agreement with a commercial officer elected to this body cannot, during the duration of its mandate be terminated unilaterally by the principal. It is the contract of commercial agency agreement with the legal person the Manager or the Managing Director was elected representing commercial agents.
By way of derogation from paragraph 1, the commercial agency contract may be terminated by the principal if he shows that the termination is based on objective economic criteria that are applied in the same way to all commercial agents, including if the company agreed a common plan is not achieved to any substantial degree and that the commercial agent cannot justify this lack of achievement by objective facts.
If the contract is terminated by the principal in the absence of serious breach of the commercial agent within the meaning of article X.17, 1st paragraph, or unless it can be demonstrated that the realization is based on objective economic criteria referred to in paragraph 2, the principal must commercial agent special compensation equal to 18 months of pay and which is calculated in accordance with paragraph 3 without prejudice to any other rights that the law gives the commercial agent due to the termination of the contract of commercial agency.
These provisions shall remain applicable for a period of six months from the end of the term within the joint consultative body. The mandate shall expire on the date of the first meeting of the joint consultative body newly elected.
§ 5. In addition, the commercial agency contract with a commercial officer candidate at the joint consultative body cannot be unilaterally terminated by the principal from the filing of the application and until the first meeting of the newly elected joint consultation body. It goes the same for the commercial agency contract with the Corporation of which the Manager or the Managing Director has applied as a representative of commercial agents.
By way of derogation from the preceding subparagraph, the commercial agency contract can be terminated without notice by the customer due to exceptional circumstances or serious breach of the commercial agent within the meaning of article X.17, paragraph 1.
If, in application of article previous, the buyer terminated the contract without notice unless there are exceptional circumstances or serious breach of the commercial agent within the meaning of article X.17, paragraph 1, the principal is required to pay to the commercial agent a special allowance whose amount is equal to a year of compensation calculated in accordance with paragraph 3 without prejudice to any other rights that the law recognizes commercial agent in the event of termination of the contract of commercial agency.
X.17. each of the parties may, subject to any damages, terminate the contract without notice or prior to the expiration of the term, when exceptional circumstances make it permanently impossible any collaboration between the principal and the agent or due to a breach of serious either party obligations. The contract cannot be terminated without notice or prior to the expiration of the term, when the fact that would have justified it is known to the party who invokes it from at least seven working days.
Can only be used to justify termination without notice or prior to the expiration of the term, exceptional circumstances or serious breaches notified by feat of bailiff or by registered mail, shipped within seven business days following termination.
Notwithstanding any provision to the contrary, it cannot be waived before the end of the contract, at the expense of the commercial agent, to this article.
S. X.18. after the termination of the commercial agency contract, the commercial agent shall be entitled to compensation in the eviction when he brought new customers to the principal or significantly developed the business with existing customers, provided that this activity can still provide substantial benefits to the principal.
If the commercial agency contract contains a non-compete clause, the principal is deemed, unless evidence to the contrary, receive substantial benefits.
The amount of compensation for eviction is fixed taking account both of the importance of the development of affairs as the contribution of customer.
The eviction allowance cannot exceed the amount of one year's remuneration, calculated based on the average of the past five years, or, if the commercial agency contract lasts less than five years, according to the average of previous years.
The eviction allowance is not due: 1 ° if the principal has terminated the contract of commercial agency due to a planned breach of article X.17., paragraph 1, due to the agent;
2 ° If the agent has put an end to the commercial agency contract, unless such termination is due to a reason article X.17, paragraph 1, due to the principal or that is the consequence of age, infirmity or illness of the commercial agent due to which the continuation of its activities cannot reasonably be required of him;
3 ° when, according to an agreement with the principal, the commercial agent or his heirs cede to a third party the rights and obligations they have under the contract of commercial agency.
Agent loses the right to compensation for eviction if the principal has not notified within a period of one year after termination of the contract of commercial agency, he wants to assert his rights.
S. X.19. for as much as the commercial agent is entitled to the compensation referred to in article X.18 eviction and the amount of this allowance covers not all of the damage actually suffered, the commercial agent can, but burden of proving the extent of the alleged damage, in more of this allowance, damages to the extent of the difference between the amount of the loss actually suffered and that this allowance.
S. X.20. the right to compensation referred to in articles X.18 and X.19 also arises where the termination takes place of the commercial agent's death.
S. X.21. the parties may not, before the expiry of the contract of commercial agency, derogate from the provisions of articles, X.18, X.19 and X.20 detriment of the commercial agent.
X.22. § 1. The commercial agency contract may contain a non-competition clause.
A non-competition clause is valid only if: 1 ° it has been stipulated in writing;
2 ° relates to the type of business which the agent was responsible;
3 ° it applies only the geographical area or group of persons and the geographical area entrusted to the agent;
4 ° does not exceed six months after the termination of the contract.
§ 2. The non-competition clause does not produce its effects when terminated the contract of commercial agency by the principal, without invoking a ground under article X.17., paragraph 1, or by the commercial officer, on a ground provided for in article X.17, paragraph 1.
§ 3. The non-competition clause in favor of the commercial agent deeming to have brought a customer;
the principal can provide evidence to the contrary.
§ 4. Lump sum compensation under the contract of commercial Agency for violations of the non-competition clause must not exceed a sum equal to one year's pay, calculated in accordance with article X.18, paragraph 4.
However, the principal may claim a superior repair, dependant to justify the existence of the extent of his injury.
S. X. 23. The contract by which the commercial agent guarantees obligations to third parties in a case it has negotiated or concluded shall be prepared in writing.
Unless written otherwise, the commercial agent which is worn ducroire ensures that the solvency of the third party excluding any breach of its contractual obligations. The delcredere clause cannot apply to a case in which the commercial agent has not intervened personally.
It ceases to be applicable when the principal changes, without the consent of the commercial agent, the conditions of delivery or payment.
The commercial agent can if engage for an amount that exceeds the agreed commission, unless commitment relates either to a particular case or cases as it finds itself on behalf of the principal.
In the sector of credit institutions, by way of derogation from paragraph 3, the amount of the commitment of the commercial agent, engaged in business for which it is itself surety, may exceed the commission, but must not exceed the amount actually due by the third party to the principal.
If there is an obvious disproportion between the risk that served as the commercial agent and the commission agreed, the judge may reduce the amount by which the agent shall, insofar as this amount exceeds the commission.
The judge takes account of all the circumstances, including the way in which the commercial agent has ensured the interests of the principal.
S. X.24. actions nascent contract, mentioned in article I.11, 1 °, are prescribed one year after the cessation of this one or five years after the fact which gave rise to the action, while the latter time limit cannot exceed one year after the termination of the contract.
X. 25. Subject to the application of international conventions to which the Belgium is party and notwithstanding any contrary clauses in the contract of commercial agency, any activity of a commercial agent having its principal place of business in Belgium is the Belgian law and the jurisdiction of the Belgian courts.
TITLE 2. -Pre-contractual information in trading partner agreements art. X.26. the provisions of this title shall apply to the trading partner agreements as defined in article I.11, 2 °, notwithstanding any contractual clause contrary.
This title shall not apply:-to the insurance agency contracts subject to the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance;
-banking agency agreements subject to the law of 22 March 2006 on intermediation in banking services and investment services and the distribution of financial instruments.
X.27. subject to the application of article X.29, provides the person who grants the right to the other person, at least one month before the conclusion of the trading partner agreement referred to in article I.11, 2 °, the draft agreement as well as a particular document containing the information referred to in article X.28. The draft agreement and the particular document are made available in writing or on a support sustainable and accessible to the person who receives the right.
If, after the communication of the draft agreement and the particular document, data referred to in article X.28 § 1, 1 °, is changed in them, except if this change is requested in writing by the person who receives the right one that grants the right provides to the other person, at least one month before the conclusion of the agreement of commercial partnership referred to in article I.11 2 °, the draft agreement amended and a particular simplified document. This particular document returns more important, such contractual provisions laid down in article X.28, § 1, 1 °, which have been modified from the original document.
Subject to the application of article X.29, and except for the obligations taken under a confidentiality agreement, no other obligation cannot be taken, no other remuneration, amount or surety may be requested or paid before the expiry of the period of one month referred to in this article.
S. X.28. § 1. The particular document referred to in article X.27 consists of two parts which include the following data: 1 ° important contractual provisions, insofar as they are provided for in the commercial partnership agreement: has) the words regardless of whether the trading partner agreement is concluded consideration of the person;
(c) the consequences of the non-realization of the obligations;
d) direct compensation that is to pay the person who receives the right to one that grants the right and the method of calculation of the wage that will perceive the person who grants the right and, where appropriate, its mode of revision during the contract and its renewal;
(e) non-competition, their duration and their conditions clauses);
f) the duration of the trading partner agreement and the conditions of its renewal;
g) conditions of notice and termination of the agreement including as regards the expenses and investments;
(h) the right of pre-emption or purchase option for the person who grants the right and the rules for the determination of the value of trade at the exercise of this right or this option;
(i) the exclusive reserved to the person who grants the right).
2 ° data for the correct assessment of the commercial partnership agreement: a) the name or the name of the person granting the right, as well as its coordinates;
(b) in case the right is granted by a legal person, the identity and the quality of the natural person who is on his behalf;
c) the nature of the activities of the person who grants the right;
(d) the rights of intellectual property whose use is granted;
e) if applicable, the annual accounts of the last three years of the person who grants the right;
f) commercial partnership experience and experience in the operation of the commercial formula outside a commercial partnership agreement;
g) history, the State and the perspectives of the market where the activities are carried out, from a point of view general and local;
h) history, the State and prospects of the network from a point of view general and local market share;
i) appropriate for each of the past three years, the number of operators that are part of the Belgian and international network as well as the prospects for expansion of the network;
(j) appropriate for each of the past three years, the number of concluded business partnership agreements, the number of trading partner agreements to which it was terminated at the initiative of the person who grants the right and at the initiative of the person who receives the right as well as the number of non-commercial partnership agreements renewed upon expiration of their term;
(k) expenses and investments to whom is committed the person who receives the right at the beginning and during the performance of the trading partner agreement specifying their amount and their destination and their depreciation life, the moment where they will be engaged, as well as their fate at the end of contract.
§ 2. The King may determine the form of the particular document referred to the § 1. It can also fill or specify the list's data listed in paragraph 1, 1 ° and 2 °.
S. X.29. in case of renewal of a trading partner agreement concluded for a period term in the event of the conclusion of a new agreement of partnership between the same parties or modification of a trading partner agreement running concluded for two years at least, one that grants the right provides to the other person, at least one month before the renewal or the conclusion of a new agreement or the modification of the trading partner agreement referred to in article I.11, 2 °, a draft agreement and a document ongoing simplified.
This simplified document contains at least the following data: 1 ° the contractual provisions, such as provided for in article X.28, § 1, 1 °, which have been modified from the original document, or, in the absence of document, from the date of conclusion of the initial agreement;
2 ° data for the correct assessment of the commercial partnership agreement, as provided for by article X.28, § 1, 2 °, that have been modified from the original document or, failing document, from the date of conclusion of the original agreement.
By way of derogation from paragraph 1 if a trading partner agreement concluded for two years at least running, at the written request of the party who receives the right, no draft agreement, or no document simplified must be provided by the Party granting the right.
Article X.27, paragraph 3, does not apply to obligations relating to agreements running at the time the renewal, the new agreement or amendment of the agreement are negotiated.
S. X.30. in the event of non-compliance of a provisions of article X.27 and X.29, paragraph 1 of the article, the person who obtains the right may invoke the nullity of the trading partner agreement within two years after the conclusion of the agreement.
When the particular document does not include the data referred to in article X.28, § 1, 1 °, and X.29 section, 2nd paragraph, the person who obtains the right can invoke the invalidity of the provisions in question of the commercial partnership agreement.
If one particular document data referred to in article X.28, § 1, 2 °, and X.29 2nd paragraph, 2 °, is missing, incomplete, or inaccurate, or if one of the data of the particular document referred to article X.28, § 1, 1 °, and X.29, 2nd paragraph, 1 °, is incomplete or inaccurate, the person who gets the law may rely on the common law of vice of consent or quasi-delictual fault , and this, without prejudice to the application of the provisions of the preceding paragraph.
The person who receives the law may validly waive the right to request the nullity of the agreement, or any provision of it, until after the expiry of the time limit of one month following its conclusion. This waiver must expressly mention the causes of nullity which is waived.
S. X 31. The persons are subject to the confidentiality of the information that they get for the conclusion of a commercial partnership agreement and may not use, directly or indirectly, apart from the commercial to conclude partnership agreement.
X.32. the trading partner agreement clauses and the particular document referred to in article X.28 data are written in clear and understandable terms. In case of doubt about the meaning of a clause or a given, the interpretation that is more favourable for the person who obtains the right prevails.
X.33. pre-contractual phase of the commercial partnership agreement notes the Belgian law and the jurisdiction of the Belgian courts, when the person who receives the right activity to which relates the agreement mainly in Belgium.
S. X.34 Levin is an arbitration board composed of equal representation from organizations defending the interests of each of the two parties.
TITLE 3. -Résiliation unilatérale des concessions de vente exclusive indefinite article X.35. are subject to the provisions of the present title, notwithstanding any clause to the contrary: 1 ° des concessions de vente exclusive;
2 ° des concessions de vente whereby the concessionaire sells in the licensed territory, almost all of the products subject to the convention;
3 ° des concessions de vente in which the grantor requires the dealer to significant obligations which are related to the concession of sale in a strict and particular way and whose load is such that the concessionaire would suffer serious damage in the event of termination of the concession.
S. X.36. when a concession of sale subject to the present title is granted for an indefinite period may not, off the breach of one of the parties obligations be terminated with reasonable notice or fair compensation to be determined by the parties at the time of the termination of the contract.
Failing agreement of the parties, the judge rules equity and, where appropriate, taking account of practice.
S. X.37. If the sales referred to in article X.35 concession is terminated by Licensor for reasons other than the negligence of the concessionaire, or if the latter terminates the contract due to a serious fault of the licensor, the concessionaire may be entitled to fair additional compensation.
This allowance is assessed, as appropriate, based on the following: 1 ° the significant added value of customer provided by the concessionaire and which shall be forfeited to the grantor following the termination of the contract;
2 ° the costs that the concessionaire was exposed to the operation of the concession of sale and that would benefit the licensor after the expiry of the contract;
3 ° the disclaimers that the concessionaire must staff that it is obliged to dismiss him as a result of the termination of the concession of sale. Failing agreement of the parties, the judge rules equity and, where appropriate, taking account of practice.
S. X.38. where a concession of sale subject to the present chapter is granted for a fixed term, the parties are supposed to have consented to a renewal of the contract, either for an indefinite period or for the duration provided for in a possible tacit renewal clause, failing for them to have notified a notice by registered mail three months at least and six months at the most before the agreed deadline.
When a sales term concession has been renewed twice, that the terms of the original contract or not changed between the same parties, or when it has been tacitly renewed twice by the effect of a clause in the contract, any subsequent extension is supposed to granted for an indefinite period.
X.39 injured dealer, during a termination of an exclusive sales concession with effect in all or part of Belgian territory, may in any case assign the licensor, in Belgium, either before the judge of his own home, or before the courts of the domicile or seat of conceding. In the event that the dispute is brought before a Belgian Court, it will exclusively apply Belgian law.
X.40. the rules laid down in the articles preceding shall apply to a dealer selling concessions to one or several subconcessionaires.
When the contract of a sublicensee is indefinite and it is broken as a result of a termination of the dealer agreement, reached independently of the will or the fault of the latter, the sublicensee cannot enforce the rights provided for in articles X.36 in X.37 only to the author of the original termination.
When the contract of a sublicensee is term and normally it must end on the same date that the main contract, the dealer who receives a notice to the grantor, has, in any case, a period of fourteen days from the date of the receipt of this notice to notify the sublicensee notice.
CHAPTER III. -Repealing provisions and amending art. 4 are repealed: 1 ° Act of 13 April 1995 on the contract of commercial agency, as last amended by the Act of February 21, 2005;
2 ° Act of 19 December 2005 on pre-contractual information in trading partner agreements, such as amended by the Act of 27 December 2005;
3 ° the law of 27 July 1961 on la résiliation unilatérale des concessions de vente exclusive to time indefinite, as amended by the law of April 13, 1971.
S. 5. in article III.84. economic law code, inserted by the Act of July 17, 2013 insertion of Book III 'Freedom of establishment, provision of service and general obligations of companies', in the Code of economic law and for insertion of the book III-specific definitions and enforcement provisions in Book III, in books I and XV of the Code of economic law , a paragraph worded as follows is inserted between paragraphs 2 and 3: "for companies that, under article 21bis, paragraph 1, of order royal No. 1 of 29 December 1992 on measures aimed at ensuring the payment of value-added tax, have a cash register system, the auxiliary journal sales as referred to in the second subparagraph" , and the third log referred to in article III.85, first subparagraph, 3 °, are replaced by the cash register system referred to in article 1 of the royal decree of 30 December 2009 laying down the definition and the conditions which must satisfy a cash register system in the horeca sector "."
S. 6. in article VI. 53, 12 °, of the same Code, inserted by the law of December 21, 2013 bearing insertion of Book VI "Market practices and consumer protection" law economic and on insertion of Book VI-specific definitions and enforcement provisions in Book VI, in the books I and XV of the Code of economic law, the words "transport of goods" shall be replaced by the word "transport".
S. 7. in article VI. 73, 12 °, the same Code, inserted by the aforementioned Act of December 21, 2013, "transport of goods" shall be replaced by the word "transport".
S. 8. the royal decree of 18 November 2002 excluding certain distance contracts for the provision of accommodation, transport, catering and leisure services, the scope of articles 79 and 80 of the law of 14 July 1991 on trade practices
and on the information and the protection of the consumer, is repealed.
S. 9. in article IV.80 of the Code of economic law, inserted by the law of April 3, 2013 bearing insertion of book IV "Protection of competition" and the book V "competition and price developments" in the Code of law economic and on insertion of book IV and book V definitions and enforcement provisions in book IV and book V , in the book Duke of economic law Code, the following changes are made: 1 ° § 2 is supplemented by a paragraph worded as follows: "the limitation period with respect to the procedure for training and decision is suspended as long as a decision of the auditor or the auditor's office is the subject of proceedings pending before the Court of appeal of Brussels."
2 ° in § 3, last paragraph, the words "of the auditor or the auditor's office or" shall be inserted between the words "the decision" and the words "of the College of competition".
CHAPTER IV. -Provisions transitional art. 10 § 1. Without prejudice to specific provisions, the provisions of book X are immediate application to new contracts which are concluded after the date of entry into force of these provisions.
§ 2. Title 2 does not apply to the trading partner agreements current at the date of its entry into force, with the exception of article X.29 that applies upon its entry into force.
§ 3. The provisions of the law of 27 July 1961 on la résiliation unilatérale des concessions de vente exclusive to time indefinite, as amended by the law of April 13, 1971, apply, notwithstanding any agreement to the contrary, concessions of sale concluded before the date of the repeal of the aforementioned law.
Chapter V. - Allocation of competencies art. 11. the laws or existing execution orders which refer to the repealed provisions referred to in article 4 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 12. the King may replace such references in the laws or existing orders to the repealed provisions referred to in article 4 by references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 13. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
CHAPTER VI. -Entry into force art.
14. the King sets the date of entry into force of each of the provisions of this Act and each of the provisions inserted by this law in economic law.
Articles 6 to 8 shall enter into force on the date of entry into force of the Act of December 21, 2013 bearing insertion of Book VI "Market practices and consumer protection" in the Code of law economic and on insertion of Book VI-specific definitions and enforcement provisions to Book VI, in Ier and XV of the Code of economic law books.
Article 9 also applies to ongoing procedures.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 2, 2014.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE the Minister of Justice, Ms. A. TURTELBOOM the Minister of Middle Classes, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: 53-3280-2013/2014 full report: February 20, 2014.
Senate (www.senate.be): Documents: 5-2503-2013/2014.