TERMINATION NOTICE AND COMMUNICATION OF THE TERMINATION NOTICE AND CONNECTED ISSUES Gustav Breiter IDI Conference Vienna 2007

Communication of termination notice Important formalities Checked by Judges / lawyers Preliminary question for the case

Cross-border contracts applicable law Choice of law “international mandatory” formalities Conventions Especially Rome Convention 1980: Art 9: also applicable to unilateral declarations, law applying to contract or local law (sent communication)

Requirements under the applicable law Statutory provisions (agency/distribution/by analogy?) Including rules on transmission? Statutory provision for agency, for example, in Belgium, Czech Republic, France, Hungary, UK For distribution, for example, in France or Turkey

Requirements under the applicable law – some examples Belgium: registered mail and specified termination notice period, presumption of delivery Hungary: Art 16: “reasons so that the parties are able to expect indemnity” Egypt: distribution: “in urgent cases” fax is sufficient Spain: burofax: registered mail/confirmation of the content

Contractual Requirements for the termination notice Valid under the respective law? Mutually changed in the past? Purpose of the clause: proof of delivery, other means sufficient (for example Germany, Austria, not under Estonian law) Sufficient proof of the written notice (incl. date of delivery): registered mail with return of receipt

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