CASE COMMENT : DISTRIBUTION - COMMERCIAL AGENT - QUALIFYING - POWER TO NEGOTIATE

Statut d’agent commercial : The French Supreme Court and the Reims Court of Appeal recall that the representative cannot claim to the implementation of the commercial agent status when he has not the power to negotiate (JFL Medical ; LDR Médical ; Les Cuirs Saint-Denis ; Avenir Telecom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 27 October 2009, Les Cuirs Saint-Denis v. Avenir Telecom (ex Diafax), No. 08-16623 CA Reims, July 21, 2009, JFL Medical c/ LDR Médical Under the terms of article L. 134-1 C. Com. the commercial agent is "permanently responsible for negotiating and, where appropriate, concluding contracts of sale, purchase, rental or provision of services, in the name and on behalf of producers, industrialists, traders or other commercial agents". In this definition, the criterion of negotiation appears to be decisive in qualifying the contract and benefiting from the status of commercial agent. This reference to the requirement of bargaining power is again

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Dominique Ferré, Statut d’agent commercial : The French Supreme Court and the Reims Court of Appeal recall that the representative cannot claim to the implementation of the commercial agent status when he has not the power to negotiate (JFL Medical ; LDR Médical ; Les Cuirs Saint-Denis ; Avenir Telecom), 27 October 2009, Concurrences N° 1-2010, Art. N° 30211, pp. 114-115

Visites 2477

All reviews