When the relationship ends, let the portfolio's value be calculated correctly.

The legal basis of the claim

Goodwill indemnity is the sum that a commercial agent (and, per case law, a distributor and certain franchisees where the conditions are met) may claim, once the contract has ended, for the manufacturer's continuing benefit from the customer portfolio the agent brought in. In Turkish law it is governed by Article 122 of the Turkish Commercial Code (TCC), and in German law by §89b of the German Commercial Code (HGB); the two regimes are related but diverge in the detail — in Turkish-German distribution relationships, which law and which case law will apply is half the battle. Where the relationship is on the German market, a choice of law cannot always displace the mandatory protection.

On the distributor's side: evidencing customer lists, order history and marketing investments; framing the termination correspondence; not missing the time conditions (in German practice, a one-year period from termination in which to assert the claim). On the manufacturer's side: the defence that the portfolio stems from the brand's pull, just-cause termination records, and the actual scope of exclusivity and customer-data sharing. On both sides, the case file is built not when the relationship is ending but over the years, through the discipline of contract management.

From diagnosis to recovery

The matter runs in five steps. Diagnosis: the contract, the termination correspondence and the customer and turnover data are gathered into a single file, and where the relationship has a foreign element the applicable law is analysed separately under the Private International Law Act (MÖHUK, No. 5718). The calculation model: the claim range is built with figures, because you can only negotiate with a number. Notice and negotiation: an opening move that misses no deadline. Mediation: in commercial disputes this stage is a precondition to suit, and we use it with genuinely authorised representation — our mediation practice sets the offer ranges before anyone sits down. Litigation or arbitration: run in parallel in both countries where that is what the matter needs, with a German judgment collected in Türkiye through our recognition and enforcement line. What you get: the calculation report, a strategy note and the deadline calendar.

Both sides of the table

On the claimant side you most often find distributors whose contract has been terminated or is about to be, and agents seeking the value of a portfolio they spent years building. On the defence side: manufacturers shrinking their network or moving to direct sales, and German brands parting company with their Turkish distributor. On both sides the outcome is decided by documents written long before the hearing: the performance records, the provenance of the customer lists, and the archive of reasons given for termination. That is why we look at the file as it actually stands at the first meeting, and give you a realistic range before you leave it.