Aymeric Louvet

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)