Termination of an open-ended beer delivery contract

Facts

Brauerei X. AG concluded a beer and beverage delivery contract with F. AG in 1967, which provided for a "lifetime" commitment of F. AG to source exclusively from Brauerei X. AG. In 1973, the parties concluded a new agreement that extended F. AG's exclusive purchasing obligations to other beverages. In 1984, F. AG terminated the contract. Brauerei X. AG then claimed damages for the loss of profits resulting from the early termination of the contract.

Considerations

The DFC ruled that open-ended contracts are in principle terminable under Art. 27 CC, which prohibits excessive commitments that infringe on economic freedom. However, the 1973 contract provided for a 20-year term, corresponding to the amortization of the investments made by Brauerei X. AG. This duration is not considered excessive under Art. 27 CC, as F. AG is not a natural person but a corporation for which…