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15-01-2008

Austrian Supreme Court 30 July 2007, 8Ob70/07p

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A commercial agent (in the case at hand a tenant of a petrol station) failed to deposit a security as he was contractually obliged to. For this case the contract stipulated that the principal may terminate the contract without notice. The principal exercised this right. As in the opinion of the commercial agent the termination was impermissible he sued for damages and compensation for loss of clientele.