“We have an agreement on the terms of the contract.” – “We have an agreement on the terms of the contract.” “We are in accordance with the rules.” – “We agree with the rules.” The distributor and supplier had entered into a vehicle distribution contract and a separate agreement for the provision of customer data (“customer data agreement”). In particular, the customer data contract provides for the distributor to provide the supplier with customer-related data for after-sales service and market research purposes. The after-sales service ends at the end of the distribution contract. Once the distributor has terminated its participation in the after-sales service, the manufacturer must block the corresponding data, stop using it, and delete that data at the distributor`s request. In addition, the customer data contract contained an offer from the supplier to acquire customer data after the termination of the distribution contract. After the supplier terminated the distribution contract, the supplier and the former distributor were unable to agree on the sale of customer data. In order to properly express consent in German, it is important to ask whether you agree to do something or agree with a person`s opinion, because the German language here has different terms: The Nominus “Agreement” is “agreement” (f.) in the sense of a contractual agreement or a formal agreement. To be “consensual” one would have to use “correspondence” (f.): In addition, the Bundesgerichtshof found that a claim for damages could not be based on the customer data agreement, which requires the distributor to provide customer data for the duration of the distribution contract. In accordance with the provisions of the customer data contract, the supplier was no longer able to use the customer data made available to it, as it was contractually obliged to block the corresponding data and to cease and even delete its use after the termination of the contract.
The merchant`s judicial administrator brought compensation action against the supplier. In its decision, the Bundesgerichtshof stated that the fact that the merchant purchased new vehicles with ownership and transferred in advance to the supplier his right to pay the existing purchase price to his customers for security reasons was not sufficient to give the distributor an obligation to provide the supplier with the customer base. The obligation for the distributor to provide the supplier with the necessary information to claim injury to late customers is not equated with the obligation to provide the supplier with customer information.