Facts
In this case, it was about a brokerage contract between the plaintiff (Belag Inter Ltd.) and the defendant (Altrom AG). The defendant acknowledged that the conditions for the plaintiff's claim for commission had been met. However, it argued that the plaintiff had disrupted the execution of the mediated contract and thereby forfeited its claim for brokerage commission through disloyal conduct.
The Federal Supreme Court had to assess whether the broker has a duty of loyalty in the performance of the mediated contract, beyond the conclusion of the contract.
Considerations
The Federal Supreme Court stated that the brokerage contract does establish a fiduciary relationship between the parties, but this fiduciary relationship generally ends with the conclusion of the mediated contract. The broker is not responsible for the performance of the mediated contract, based on the broker's characteristic task and its legal regulation.
An exceptional duty of loyalty of the broker extending beyond the conclusion of the contract may arise if this has been contractually agreed, for example if the broker's claim for commission only becomes due upon performance of the…