CASE COMMENTS : DISTRIBUTION –COMMERCIAL AGENCY – ONLINE SALES OF THE PRODUCTS BY THE PRINCIPAL – LOYALTY OF THE PRINCIPAL

Commercial agency : The Agen Court of Appeal holds that the principal who sells their products to websites for resale does not prevent the commercial agent to fulfill their mandate (Diffusion commerciale Midi-Pyrénées c/ Figui international)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Since the principal and the agent both have an "interest in the development of the business by creating and developing the clientele" (Cass. civ., 13 May 1885: DP 1885, I, p. 350; S. 1887, I, p. 220), their relations are governed by a reciprocal obligation of loyalty requiring the agent to "execute his mandate in a good professional manner" and the principal to "put the agent in a position to execute his mandate" (art. L. 134-4 C. com.). The principal's obligation of loyalty must be "positively" materialised: it is up to him to inform the agent (art. L. 134-4 C. com.; provision of useful documents on the products or services which are the subject of the

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Dominique Ferré, Commercial agency : The Agen Court of Appeal holds that the principal who sells their products to websites for resale does not prevent the commercial agent to fulfill their mandate (Diffusion commerciale Midi-Pyrénées c/ Figui international), 9 September 2013, Concurrences N° 1-2014, Art. N° 62990, pp. 85-86

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