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General remarks on the claims of a commercial agent to commission

The principal and the commercial agent shall be free to set the amount of the commission in the commercial agency agreement at any level.

The claim to commission shall arise at the latest once the customer has fulfilled its part of the transaction, i.e. made payment (Sec. 9(2) Commercial Agency Act (HVertrG)). Even if the principal carries out a transaction accepted inadequately or not at all, the commercial agent is due the full commission, as long as the inadequate execution is attributable to the principal. Any claims for compensation for damage or warranty claims asserted by the customer shall not affect the full amount of the commission of the commercial agent, thus curtailments or chargebacks are not permitted. These provisions are mandatory.

Claims to commission may also arise once the commercial agency agreement has been terminated, e.g. if the contract between the principal and the customer had already been concluded prior to the commercial agency agreement being terminated.

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