Das Problem der sog. „Einmalprovision" — Anmerkung zu OLG Köln v. 24.11.2023 – 19 U 146/22, IHR 2024, 72 (in diesem Heft).

The article discusses the problem of "one-time commission" in commercial agent law and refers to the judgment of the Higher Regional Court of Cologne of November 24, 2023 - 19 U 146/22. It is explained that the UNIDROIT Principles can play a significant role in traditional legal systems and are already being applied by many courts and arbitration tribunals. A conference in Hamburg on the 30th anniversary of the UNIDROIT Principles is aimed at all participants in international business transactions. The article also addresses the significance of the characteristic of lost commissions from § 89b para. 1 no. 2 of the German Commercial Code (HGB) and various questions related to compensation payments for commercial agents. It is argued that a one-time commission per transaction does not justify a reduction in the compensation payment and that long-term continuous obligations justify a higher compensation claim. It is also discussed whether a second contract is necessary to enable a compensation claim in the case of the mediation of continuous obligations. The interpretation of Article 17 of the Commercial Agents Directive regarding the calculation of compensation claims is also addressed. It is emphasized that the commissions of the last 12 months of the contractual relationship should be included in the calculation of compensation, regardless of whether they are new customers or the expansion of business volume with existing customers. The judgment of the Higher Regional Court of Cologne is considered to be favorable to commercial agents, and it is emphasized that a reduction based on equity is only justified in certain cases. It is also noted that the question of eligibility for compensation in connection with one-time commissions is uncertain. The text refers to judgments of the Federal Court of Justice (BGH) on various legal issues related to commercial agents and authorized dealers. It also refers to the amendment of § 89b HGB in 2009. [Extracted from the article]

Der Beitrag bespricht das in diesem Heft der IHR publizierte Urteil des OLG Köln v. 24.11.2023 - 19 U 146/22. Er setzt sich insbesondere mit der Bedeutung des Merkmals der entgehenden Provisionen aus § 89b Abs. 1 Nr. 2 HGB auseinander. [ABSTRACT FROM AUTHOR]