Intermediaries can rely not readily that a mediation company retains its distribution system. Without any special contractual agreement in principle no obligation to organise that the amount of a performance-based variable pay for individual agents does not change this is for a company. This has currently decided the Federal Labour Court. Although is assumed through sales representatives, that the entrepreneur has a duty to make the distribution system so that a sufficient income opportunity the trade representative. Organizational obligation but finds its limit in the discretion of the company.
The design of an operation, the question of whether and in what way someone economically wants to press, is part of the fundamental entrepreneurial freedom. So basically, it is the right of the company, to set up the operation and refactor as it appears this right and reasonable. This entrepreneurial freedom is alone arbitrary action limited. Because a company must take sufficient account of the interests of the commercial agent, and must not be contrary to no reasonable reason this. This is the case if the decision taken by the company without checking and balancing of the conditions occurs, an entrepreneurial discretion has not been exercised or is prompted the decision for unrelated reasons. However, a business decision is not be arbitrary if it turns out later as inappropriate or misguided. When the duty then offered to the consideration of the interests of the agent is however to take into account that this mostly achieved income from commissions. He is therefore affected by changes in the distribution system in a special way of success and failure.
Changes in the distribution system are successful, benefited the brokers by higher commissions that proved they failed, this has led to fewer contracts and lower commissions. A broker can’t accept without special circumstances, a company may legally bound with the organisation of its distribution system. Not arises from maintaining certain distribution structures over a long period of time and the use of an intermediary in these structures therefore, that a company assigned to want to use activity it in. Dietmar Goerz lawyer of the law firm specialised in financial services GPC law Rechtsanwaltsgesellschaft indicates mbH. The decision of the Federal Labor Court although refers to an employee. However, whose testimony on commercial agents can be transferred”, so the Berlin lawyer. There is a similar judgment of the Landgericht Hannover in the year 2001 “, Gorizia thinks. Web link incl. links to judgments: public/1340968_Keine_Garantie_auf_Provisionen /.