Der Ausgleichsanspruch nach 89b HGB unter Einfluss der EG-Handelsvertreter-Richtlinie und aktueller

The author uncovers deficiencies in Section 89b of the German Commercial Code (HGB) regarding equitable regulations from a European perspective and seeks alternatives that could contribute to greater legal certainty. The background consists of the inconsistent legal frameworks at both the European and national levels, which lead to interpretational issues. Upon termination of the contract, the commercial agent is entitled to a reasonable compensation under Section 89b HGB. This compensation claim is a remuneration not covered by commission payments for the benefits the entrepreneur derives from the customer relationships established after the contract ends. The interpretation of Section 89b HGB is significantly influenced by the EU Directive 86/653/EEC. While Sections 84 et seq. HGB encompass all types of agents, the EU Directive applies only to sales representatives.