CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENCY – BREAK OF CONTRACT – TRIAL PERIOD CLAUSE – NULLITY (YES)

Commercial agency: The Paris Court of Appeal declares null and void a provision imposing on the agent a trial period because it was not agreed at the true beginning of the relationship and grants to the agent whose contract has been broken during this period a termination indemnity corresponding to his actual prejudice (Bill Tornade)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Paris, 06 September 2012, Mr B. v. Bill Tornade, RG no. 10/16975 The commercial agent benefits from a protective regime throughout his relationship with the principal until its termination: he is then entitled to a notice period and to compensation for the prejudice suffered as a result of the termination of this relationship. The protection is certainly not absolute since the Commercial Code reserves the case of serious misconduct on the part of the agent (articles L. 134-11 and L. 134-13) or termination at his initiative (article L. 134-13); it remains sufficiently strong for some principals to seek to dismiss their agent. For example, some

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Dominique Ferré, Commercial agency: The Paris Court of Appeal declares null and void a provision imposing on the agent a trial period because it was not agreed at the true beginning of the relationship and grants to the agent whose contract has been broken during this period a termination indemnity corresponding to his actual prejudice (Bill Tornade), February 2013, Concurrences N° 1-2013, Art. N° 50497, pp. 104-105

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