Article

Duty to operate and protection against competition in commercial lease agreements

A topic-related analysis of the judgement of the German Federal Supreme Court of February 26, 2020 - XII ZR 51/19

A duty to operate and an exclusion of protection against competition are standard in most commercial leases for retail outlets. The BGH ruled that in a shopping center, the exclusion of protection against competition while stipulating a duty to operate with a product range commitment may be invalid.