Facts
X. and [Y.], companies under Czech and Slovak law, concluded an exclusive agency contract with Z. SA, a Swiss company manufacturing and selling cosmetic products. After the termination of the contract, X. and [Y.] claimed a goodwill indemnity from Z. SA. The Geneva courts rejected their claims, finding that the conditions for an analogous application of Art. 418u CO were not met. The appellants then appealed to the Federal Tribunal.Considerations
The Federal Tribunal partially upholds the appeal. It considers that, in certain circumstances, a goodwill indemnity can be awarded to an exclusive agent through an analogous application of Art. 418u CO. Although this provision is of an exceptional nature, the Federal Tribunal believes that it can be applied by analogy when the economic situation of the exclusive agent is comparable to that of the commercial agent. In the present case, the Federal Tribunal considers that the appellants were sufficiently integrated into Z. SA's distribution system to be in such a situation. It therefore remands the case to the cantonal court to…