PROVINCIAL COURT OF MADRID SENTENCE SCHWEPPES CONFIRMS COMPENSATION AND MAINTAINED AFTER RESOLUTION OF VERBAL CONTRACT DISTRIBUTION The Provincial Court of Madrid, by decision of October 2 of 2008, has fully confirmed the verdict on appeal at the time by the Court of First Instance No. 51 in Madrid, which estimated the full complaint filed by the Legal Advisor of AFFIRM, Antonio Aguilar, which condemns the entity "Schweppes Bebidas de España, SA to pay as compensation for customers, and other items, an amount close to 300,000 .- euros It confirms and maintains a significant cash on conviction "Schweppes", and that under a simple verbal contract between the company and a natural person, who for years was responsible for the exclusive distribution of the products sold by " Schweppes. Giving reason to the arguments of the letter D. Antonio Aguilar, la Audiencia Provincial de Madrid acknowledged that there was evidence of an oral contract distribution, which had to be resolved at the request of the plaintiff, in consequence of "Schweppes" failed to deliver orders that were made, which makes the Court deems reasonable resolution of the contract operated by the applicant, and thus justified the compensation sought by it. Any trader, however small and humble it may be, may require and enforce their rights against any company, demanding compensation due to the failure of the dominant company of its obligations, even where no written contract, but a mere verbal agreement. The Provincial Court of Madrid confirms that "Schweppes" must compensate the plaintiff in accordance with the compensation for clients in the Law of Agency, as average wages in the last contract from five years by the merchant. It also prevents unjust enrichment for the dominant firm when the dealer with their effort and success has created market and customers, which will then be used by the grantor. This ruling of the Provincial Court should further stimulate and encourage the small traders, who were linked through a distribution contract with a major and dominant, they can defend their rights and defend their interests against the abuses and failures that occur is possible to obtain compensation for customers when the existing contract, while verbal, has had to be terminated. Emphasize the importance of this finding, because it protects the rights of small shopkeepers against the arbitrary and abusive methods of big business, and it also makes a bold and modern assessment of the economic reality of our days, always changing and dynamic. |
