Agency, distribution, franchising | In Principle

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Agency, distribution, franchising

Agency agreements are regulated by civil law in Poland, establishing a model agency agreement with certain guarantees to the agent, regarded as the weaker contractual party. The Civil Code in this regard implements relevant provisions of the EU’s Commercial Agents Directive. Claims under an agency agreement are pursued before the common courts.

Franchising and distribution agreements are established through practice and are not subject to specific regulations limiting their construction. Commercial parties frequently use franchising and distribution agreement models drafted by industry associations. The common courts resolve disputes arising from such agreements on the basis of Civil Code regulations on obligations.

Many key clauses in agency, distribution and franchising agreements affecting the freedom of parties (such as exclusive purchasing obligations, territorial limitations, limitations on competitive activity, or pricing) are also evaluated from the perspective of competition law.