The same provision (§ 89 b para. 3 no. 2 HGB) was the subject of another case. There it was obvious that the commercial agent's serious breach of competition justified termination without notice by the entrepreneur. The particularity of the case decided by the Berlin Court of Appeal (22.2.2021, 2 U 13/18) was that the entrepreneur had possibly taken too long a period of reflection before terminating the contract. According to German law (Section 626(2) BGB), a termination for cause in an employment relationship must be received by the other party within two weeks after knowledge of the reason for termination; in any case, in a commercial agency contract, not more than two months' cooling-off period.
The Kammergericht is of the opinion that this formal requirement, which might have had significance for the continuation of the commercial agency relationship (this question did not arise here, as the commercial agent had also terminated immediately after receiving the notice of termination), does not play a role for the interpretation of § 89 b (3) no. 2 BGB. Unlike in the first case (above), there was no doubt here that the facts had been fulfilled. The termination without notice of the company was clearly justified by the commercial agent's serious breach of duty. The commercial agent was left empty-handed.