CASE COMMENT : DISTRIBUTION - COMMERCIAL AGENT - GOODWILL INDEMNITY - SERIOUS FAULT COMMITTED AFTER NOTICE OF TERMINATION OF THE CONTRACT

Commmercial agent : The Court of Justice holds that Directive 86/653/ECC has to be interpreted as the serious fault committed by the commercial agent after notice of termination of the contract does not deprive him of his goodwill indemnity (Volvo Car Germany)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 28 October 2010, Volvo Car Germany, case C-203/09 Article 18(a) of Directive 86/653/EEC of 18 December 1986 on the coordination of the Member States relating to commercial agents provides that the indemnity or compensation to which a commercial agent is entitled at the end of his contract is not due 'where the principal has terminated the contract for a failure attributable to the commercial agent which would justify, under national law, termination of the contract without delay'. In order to refuse to pay such compensation to its commercial agent, a German principal relied on a fault committed by the latter during the period of notice and of

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Dominique Ferré, Commmercial agent : The Court of Justice holds that Directive 86/653/ECC has to be interpreted as the serious fault committed by the commercial agent after notice of termination of the contract does not deprive him of his goodwill indemnity (Volvo Car Germany), 28 October 2010, Concurrences N° 1-2011, Art. N° 34139, pp. 117-119

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