CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENCY – TERMINATION INDEMNITY – SERIOUS AGENT’S DEFAULT

Commercial agency: The Court of cassation imputes a break of contract to a principal on the grounds that the fact that an agreed power of unilateral modification has been used does not preclude the calling into question of its performance, while Toulouse and Montpellier courts of Appeals rule on the seriousness of the faults of the agents (Éditions Atlas, Gerca, Éditions du Voyage)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 6 November 2012, No. 11-25.481, Mrs. X. v. Atlas Publishing, No. 11-13.653. The Commercial Code refers to the circumstances in which the commercial agent is deprived of the benefit of the protective regime upon termination of his relationship with the principal, namely : serious misconduct on the part of the agent (art. L. 134-13, 1° C. com.), termination at the initiative of the agent (art. L. 134-13, 2° C. com.), and, in any event, failure to notify the principal of the claim for compensation within one year of the date of cessation (art. L. 134-12, para. 2 C. com.). The first two hypotheses crystallize most of the litigation in this

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Dominique Ferré, Commercial agency: The Court of cassation imputes a break of contract to a principal on the grounds that the fact that an agreed power of unilateral modification has been used does not preclude the calling into question of its performance, while Toulouse and Montpellier courts of Appeals rule on the seriousness of the faults of the agents (Éditions Atlas, Gerca, Éditions du Voyage), February 2013, Concurrences N° 1-2013, Art. N° 50495, pp. 102-104

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