According to both Italian and German law, the written form is generally not required, therefore an oral agreement is as binding as a written one for both parties. The company cannot therefore argue that an agency agreement was not concluded because there is no written contract. Under Italian law, however, the written form is required for evidence purposes. However, if a commercial agent resident in Germany works for an Italian company, he can invoke German law and thus prove the conclusion of the contract by any means of evidence.