Agency Agreement Italy

Although non-compliance with the new registration requirements does not affect the validity of the agency contract, an adjudicator authority should nevertheless check whether the Italian representative is registered prior to his appointment, which is in any case mandatory. The compensation rights granted to an agent by section 1751 in the event of termination of an agency contract cannot be changed to the detriment of the representative`s interests; Therefore, these rights do not fall under Article 4, paragraph 2. Therefore, even if the parties have opted for a foreign jurisdiction, disputes between the representative and the client fall within the Italian jurisdiction. The provisions of the code relating to a representative`s right to compensation after the termination of the contract are deemed mandatory; Therefore, the above provisions apply regardless of the choice of the parties` law. In addition to the fact that the agency agreement is governed by the laws of a foreign state according to the choice of the law of the parties, an Italian representative has the right to ask against the client the payment of the compensation provided for in Article 1751. Despite a foren-shopping provision contained in the agreement, the agent is entitled to sue an Italian judge for the payment of a termination award. In assessing the fairness of notice, courts generally consider the duration of the agreement and general business practice in the field of activity. As a general rule, the notice period is between six and twelve months. However, even in the absence of such cumulative conditions, contractual CBAs may still apply if they are expressly mentioned in the agency agreement or if their provisions are consistently respected by the parties. Under a valid contract, the agent is entitled to compensation at the time of termination of the contract. First, the amount of compensation must be set in the agency agreement and it depends on its duration, its nature and the amount of the termination award.

The rules set out in national collective agreements must also be taken into account.