CASE COMMENTS : DISTRIBUTION - FRANCE - DUTY OF LOYALTY – INDEMNITY FOR TERMINATION OF CONTRACT - SERIOUS MISCONDUCT

Commercial agency : The French Supreme Court points out that a breach of the duty of loyalty necessarily harms the purpose of the mutual-interest mandate (GF / PMO ; Haumesser / Husson et Fischer)

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Reference

French Supreme Court, Com., November 22nd 2016, GF c/ PMO, n° 15-17131 ; French Supreme Court, Com., September 20th 2016, Haumesser c/ Husson et Fischer, n° 15-12994

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Serious misconduct on the part of the commercial agent shall deprive him of his right to receive the termination indemnity provided for in Article L. 134-12 of the French Commercial Code. In a consideration that is rather favourable to the commercial agent, case law strictly defines the serious misconduct that deprives him of an indemnity as that "which undermines the common purpose of the mandate of

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Dominique Ferré, Commercial agency : The French Supreme Court points out that a breach of the duty of loyalty necessarily harms the purpose of the mutual-interest mandate (GF / PMO ; Haumesser / Husson et Fischer), 20 September 2016, Concurrences N° 1-2017, Art. N° 83288, pp. 109

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