Aymeric Louvet

KLYB (Montpellier), Centre de Droit de l’Entreprise (Montpellier)
Lawyer (Partner)

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.

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Articles

1565 Review

Aymeric Louvet Agency agreement: The Court of Appeal of Dijon states that the clause which defines the acts likely to characterize a serious misconduct of the commercial agent leaves to the judges the freedom of appreciation of this seriousness and draws the consequences concerning an unpleasant and provocative message (Ruckfield / Up Two Up)

22

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 (...)

Aymeric Louvet Commercial agency: The Paris Court of Appeal considers that the commercial agency contract shall not be deemed to be an employment contract despite the commercial agent’s obligation to submit an activity report, to use the CRM and the possibility of the principal to suggest him customers appointments (PV Senioriales Promotion et Commercialisation / Monsieur Patrice B.)

32

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 (...)

Aymeric Louvet Agency agreement: The Pau Court of Appeal confirms that the principal’s approval may be implied regarding the assignment of the agency contract by the agent (Le Goéland / Adapei des Pyrénées-Atlantiques)

59

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 (...)

Aymeric Louvet Listing agreement: The Paris Court of Appeal considers that the referencing agreement is a consensual contract whose formation does not require to comply with the formalism set forth by Article L. 441-7 of the French commercial code (its version before the order 2019/04/24), and whose wrongful termination must be remedied based on the loss of opportunity of potential contracts (Florendi / Arena)

29

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 (...)

Aymeric Louvet Management mandate: The Court of Appeal of Versailles, on the occasion of numerous litigations between the FDJ and its managers-representatives, condemns the principal for wrongful refusal of assignees introduced by its manager-representative, compensates in its entirety damage resulting from the loss of profits, and therefore rejects the allowance provided for in the contract (Française des Jeux)

28

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 (...)

Aymeric Louvet Mandate management: The commercial division of the Court of Cassation confirms that the former article L 442-6-I 5e of the French commercial code applies to the management mandate, and invalidates, based on an assessment in concreto, the post-term non-compete clause (ACS Thiers diffusion / GIFI Mag)

62

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 (...)

Aymeric Louvet Commercial agency: The Paris Court of Appeal – to which the case is referred by the Court of Cassation – retains the seriousness of the misconducts discovered after the termination of the commercial agency contract as such misconducts took place prior to the termination (Dipa / Cémoi)

60

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 (...)

Aymeric Louvet Commercial agency: The Aix-en-Provence Court of Appeal gives a strict legal interpretation of the Agent’s remuneration clause and orders the payment by the principal of commissions on sale of private label products and on promotional activity of “central purchasing organizations” (Now’s Home France)

58

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 (...)

Aymeric Louvet Commercial agency: The Dijon Court of Appeal excludes the compensation for damages claimed by the commercial agent on the ground that no commission was paid to him by the principal (Anges du vin / Bourgogne de Vigne en Verre)

82

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 (...)

Aymeric Louvet Commercial agency: The Besançon Court of appeal rejects the application of the commercial agent status because of the agent’s lack of power to conclude contracts on behalf of and in the name of the principal (France Épargne / Generali)

63

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 (...)

Aymeric Louvet Commercial agency: The Poitiers Court of Appeals upholds that termination of a commercial agency contract results from the sole fault of the principal which unilaterally altered the geographical exclusivity, and draws the consequences in terms of commissions and indemnities claimed by the commercial agent (Ter’nat / Altius Development)

97

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 (...)

Aymeric Louvet Exclusive distribution: The French Supreme Civil Court confirms the real and current risk of market partitioning in respect to Converse’s exclusivity network and behaviour (Converse Inc., All Star CV / Auchan France, Smatt...)

185

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 (...)

Aymeric Louvet Agency agreement: The Court of cassation considers that communication of an ongoing legal proceeding, in the absence of judgment, amounts to an inadequate “factual basis” and therefore constitutes an act of disparagement (Shaf / Plicosa France)

113

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 (...)

Aymeric Louvet Advertising: The Paris Court of Appeal gives a liberal interpretation of the principles governing alcoholic beverage advertising by drawing a distinction between purely objective references and references leaving room for the imagination (Kronenbourg / ANPAA)

65

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 (...)

Aymeric Louvet Agency contract: The Paris Court of Appeal rejects principal’s default discovered only after contractual notice of termination was given by the agent, and which, as such, could not justify it (Eurotiss / Cosi)

54

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 (...)

Aymeric Louvet Franchise: The French Supreme Court recognizes implied non-competition clause imposed on the franchisee based on the common intention of the parties and loyal performance of the agreement (Val Trappeur, Indian River / Buffalo Grill)

126

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 (...)

Aymeric Louvet Commercial agency: The Rouen Court of Appeal delivers a ruling on end-of-contract payments following the termination of an agency agreement (Immo Clef / Françoise G.)

73

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 (...)

Aymeric Louvet Franchise: The Douai Court of Appeals decides that the sale of business assets by the franchisor without the consent of the franchisee automatically ends the franchise agreement (Ecodis / Pizza City)

91

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 (...)

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