26 septembre 2011 | Publication
Federal Supreme Court Judges on the
Question Whether a Distributor Must Pass
on Distribution Fees to its Client
26 septembre 2011 | Publication
Federal Supreme Court Judges on the
Question Whether a Distributor Must Pass
on Distribution Fees to its Client
CapLaw 4/2011, p. 11 ff.
Federal Supreme Court (Criminal Division) Judges on the Question Whether a Distributor Must Pass on Distribution Fees to its Client (judgment 6B_223/2010)
The publication discusses a Swiss Federal Supreme Court decision (6B_223/2010) addressing whether a distributor is obliged to pass on distribution fees to its client. It highlights that the legal qualification of such fees depends on the contractual relationship and whether the distributor acts in the client’s interest or on its own account. The case clarifies that, in certain constellations, failing to pass on such fees may raise legal issues, including potential breaches of duty or even criminal implications.
Federal Supreme Court (Criminal Division) Judges on the Question Whether a Distributor Must Pass on Distribution Fees to its Client (judgment 6B_223/2010)
The publication discusses a Swiss Federal Supreme Court decision (6B_223/2010) addressing whether a distributor is obliged to pass on distribution fees to its client. It highlights that the legal qualification of such fees depends on the contractual relationship and whether the distributor acts in the client’s interest or on its own account. The case clarifies that, in certain constellations, failing to pass on such fees may raise legal issues, including potential breaches of duty or even criminal implications.