Consultation Agreement Termination Fee Invalidity

The court confirmed that a consultation agreement concerning the creation and revision of a consolidated financial statement, characterized by a significant trust relationship, qualifies as a mandate (Auftrag) or a mixed contract where mandate provisions govern termination. The core issue was the nullity of a contract clause stipulating a minimum fee if the client terminated the relationship early, which the court found violates the mandatory right of unilateral termination at any time under Art. 404 Abs. 1 of the Code of Obligations (OR), as this provision cannot be contractually excluded or limited, even indirectly through penalties, thus rendering the claim based on that clause invalid and leading to the dismissal of the claim for the remainder of the minimum fee.