New burden of proof rule for sales representatives?

According to the stRsp, the burden of assertion and proof for the eligibility requirements for compensation in accordance with Section 24 HVertrG lies with the commercial agent, who also has to provide proof of the introduction of new customers – and thus also of the novelty of a customer for the entrepreneur. The 8th Senate of the OGH deviated from this burden of proof rule, which has always been valid and expressly confirmed by the OGH in 9 ObA 57/14v, in the decision 8 ObA 59/15g1. The OGH’s reasoning is not convincing.