CASE COMMENTS : DISTRIBUTION –COMMERCIAL AGENCY – SUB-AGENCY – TERMINATION INDEMNITY OF THE SUB-AGENT – TERMINATION INDEMNITY OF THE AGENT

Commercial agency : The Paris Court of Appeal recalls the obligation of the agent to pay the sub-agent a termination indemnity, while the Rennes Court of Appeal prevents the principal to deduct from the base of the termination indemnity due to the agent commissions he paid directly to the sub-agents (Fashion Deal c/ MFG, Wine Note c/ Vignobles Mourat)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. CA Paris, 05.09.2013, Fashion Deal c/ MFG It is "as an independent profession" that a commercial agent acts in the name and on behalf of a principal (art. L. 134-1 C. com.). Unlike the sales representative (article L. 7313-4 of the Labour Code), he therefore enjoys a certain degree of autonomy in the conduct of his activity, which authorizes him in particular to accept without authorization the representation of new principals (article L. 134-3 of the Commercial Code) and to freely organize the material and/or human resources he considers necessary. For example, in order to carry out its mandate, it may hire salaried staff or use other

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Dominique Ferré, Commercial agency : The Paris Court of Appeal recalls the obligation of the agent to pay the sub-agent a termination indemnity, while the Rennes Court of Appeal prevents the principal to deduct from the base of the termination indemnity due to the agent commissions he paid directly to the sub-agents (Fashion Deal c/ MFG, Wine Note c/ Vignobles Mourat), 5 September 2013, Concurrences N° 1-2014, Art. N° 62988, pp. 84-85

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