Aymeric Louvet founded Klyb Avocats in April 2012, law firm specialized in competition, distribution and intellectual property law. He was previously a partner of Fidal in those areas of expertise. Aymeric advises local and international clients (in counsel and litigation) across a range of sectors, including wines, food processing, IT, textiles and sport. He teaches distribution and intellectual property law at University of Wine (Aix-en-Provence), University of Sup Agro (National school for agronomy and food science - Montpellier) and Magistère-DJCE of the Montpellier University.
11
Facts. A commercial agent introduces a successor to his principal and wishes to transfer his contract. There followed a period of discussion, requests for mutual modifications to the contract and a refusal by the principal. In response, the agent considers this refusal to be wrongful, (...)
87
A German supplier specialising in the sale of men’s clothing has been developing a commercial relationship for almost eight years with a company incorporated under French law responsible for sales in France. Following the breakdown of the relationship, the latter brought the matter before the (...)
126
Background. The ANPAA (Association for the Prevention of Alcoholism) sued Kronenbourg, claiming that its advertising films and its game promoting Grimbergen beer under the banner of the " Legend of the Phoenix " did not comply with the Evin Act. Trouble. Proceeding with an analysis of each of (...)
79
Facts. A client specialising in the marketing and construction of single-family houses concludes a first commercial agent contract with an EURL. Two and a half years later, the agency terminates the contract; its legal representative is quickly hired by the principal as salaried agency manager, (...)
112
Facts. The Ruckfield company - the company of the famous bearded rugby player Sébastien CHABAL - manufactures and markets rugby-minded clothing. In order to do so, the company relies on a sales agent - Up Two Up company - himself assisted by sub-agents including Mr R. Wishing to reorganise its (...)
73
Facts. A commercial agent, acting in an individual capacity, markets in the name and on behalf of the principal, housing units in residences for senior citizens. During the course of the contract, he creates and registers a "consulting company for business and other services". management (...)
91
Facts. The Société Goéland (hereafter "Goéland 1") sells to an association which manages establishments for the mentally handicapped (ESAT) the equipment and the "Vent du Sud" sign intended for the manufacture and marketing of soaps in particular. In return, the association appoints Goéland 1 as (...)
145
A company specialising in the manufacture and sale of fertilisers, biocidal and phytosanitary products is responding to a call for tenders from the ARENA centre for its Bricomarché allies. The latter, after having obtained validation of the financial conditions of its intervention, firstly (...)
59
Under the economic spotlight following its IPO, La Française des Jeux (FDJ) has been involved, via numerous recent decisions, including the one under comment, in the legal news relating to the termination of the common interest mandate contract. The FDJ’s distribution network is made up of "agent (...)
140
In line with a decision recently published in the Bulletin (Com., 2 Oct. 2019, Lettre distr. octobre 2019, obs. C. Mouly), the decision under comment applies to a contract for the management and agent (Com., art. L 146-1) of the GIFI network the legal provisions relating to the abrupt (...)
102
Serious misconduct on the part of a commercial agent who is deprived of the indemnity cannot be ruled out on the ground that it was discovered by the principal after the termination. This solution recently reached by the Court of Cassation (Com., 14 Feb. 2018, No. 16-26037), overturning a (...)
97
A sales agent, who acts on behalf of a supplier of tableware to supermarket chains, is remunerated on both direct and indirect sales in his sector. However, "central actions" and "warehouse deliveries" are excluded. Faced during the course of the contract with requests for private label (...)
137
Is the commercial agent entitled to an end-of-contract indemnity if the principal has not paid him commissions during the contractual relationship? That is the question dealt with in the judgment under reference. Following the termination of the contract, which expressly provided that the (...)
102
An intermediary enters into a partnership contract with the mission to seek buyers wishing to invest in real estate residences. He had to be commissioned after signing the authentic deeds of sale before a notary and receiving the funds. A clause ruled out any indemnity at the end of the (...)
124
A commercial agent, acting in the interests of a company specialising in the marketing of organic food products, acknowledges the breach of his contract to the detriment of his principal, considering that the geographical exclusivity which he enjoyed had been unilaterally modified. The agent (...)
361
The Converse counterfeiting legal saga continues. It should be remembered that numerous proceedings have had, and still have to deal with the question of the counterfeiting of shoes under the Converse All Star brand, the burden and level of proof relating to the exhaustion of rights, the real (...)
175
A manufacturer and seller of garden furniture, marketed through a commercial agent, sues for infringement of its Community designs against a competing company governed by Italian law. The latter, considering that the commercial agent had informed several of its customers of the proceedings (not (...)
83
In addition to its prevention mission, the National Association for the Prevention of Alcoholism and Addiction (ANPAA) plays an important role in the development of jurisprudential principles governing the advertising of alcoholic beverages. In the decision under commentary, advertising films (...)
69
A sales agent works for a company marketing fabrics produced in Italy exclusively for the French market. Considering that his principal does not respect his obligations, he breaks off the relationship by a letter whose subject is: "formal notice to pay the commissions due and claim of an (...)
299
Buffalo Grill, a franchisor, enters into a franchise agreement with a franchised company represented by its General Manager, for the operation of a restaurant. The latter, who is not a party as a natural person to the contract, subsequently became the manager and majority shareholder of two (...)
95
The principal, a real estate agent, terminates the commercial agent contract of his real estate negotiator considering that the objectives set are not achieved. The agent takes the matter to court and typically asks for the principal to be ordered to pay the termination indemnity set at two (...)
119
A franchisor, operating a restaurant and take-away pizza network, informs a franchisee of his decision to sell his business. Despite the franchisee’s express opposition, the business is sold and the transferee franchisor questions the recalcitrant franchisee as to whether it wishes to continue (...)
313
Litigation is fuelled by the accountability and financial consequences of breach of the commercial agent contract. The period following this breach is also particularly sensitive, which is why principals frequently negotiate upstream a post-contractual non-competition obligation to be borne by (...)
22
Commercial agent: indemnity clause without effect but not without interest* Due to the constant deterioration in the performance of its sales agent, and despite several warnings, a trader in leather goods terminated the contract for an indefinite period. The termination letter specifies that (...)
27
Serious misconduct of the commercial agent: previous facts revealed after the termination* An association specialising in education, learning and support for the disabled is involved in the manufacture and marketing of office supplies. In order to ensure the development of sales, it concluded (...)
39
The packaging: advertising medium for alcohols ?* It is a " non-specifically motivated " decision by which the Court of Cassation rejects an appeal when the grounds of cassation " are clearly not of such a nature as to lead to cassation " (art. 1014 C. proc. civ.) which concerns the contours (...)
37
Indicative, approximate or imperative delivery times? A question of terminology...* A fairly classic dispute involving a supplier, a lessor and the user-lessor of a copier is an opportunity for the Court of Cassation to remind practitioners of the implications of the terminology used in (...)
36
Moralization of commercial agency relations in progress: mixed results* The judgment under commentary deals with the shared responsibility of the sales agent and its principal in the event of breach of contract and its consequences in terms of compensation. A company specialising in the supply (...)
27
False capacity and exclusivity of the agent: what about commission?* The judgment under commentary allows us to address an issue that is not very frequent in commercial agency matters: the confrontation between geographical exclusivity and commissioning. In this case, the commercial agent had (...)
28
False capacity and exclusivity of the agent: what about commission?* The judgment under commentary deals with a subject that is not often dealt with in commercial agency matters: the nullity of the contract for fraudulent manoeuvres by the agent In this case, an agent sued his principal (...)
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