De Luca & Partners

UNILATERAL CHANGES IN THE AGENCY CONTRACT (IL SOLE 24 ORE, 10 FEBRUARY 2015, PAGE 40)

With its ruling no. 7567/2014, the Cassation Court, labour section, returned to examine the issue of unilateral changes in the agency contract, granting the appeal of an agent who claimed contractual clauses to be null which gave the principal the power to unilaterally make changes, with the sole obligation of notification, involving the territory and commissions, customer portfolio and product list. Based on the prevailing opinion of the Court, it is possible to conclude that the contractual clause which attributes the power to make unilateral changes to the principal in terms of the economic contents of the contract, without placing any conditions and/or limitations, may be considered illegitimate, since it gives the principal free and unconditional powers to decide.

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