ALERTS : DISTRIBUTION – COMMERCIAL AGENCY - BREAK

Commercial agency: The Paris Court of Appeal – to which the case is referred by the Court of Cassation – retains the seriousness of the misconducts discovered after the termination of the commercial agency contract as such misconducts took place prior to the termination (Dipa / Cémoi)

*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 a commercial agent who is deprived of the indemnity cannot be ruled out on the ground that it was discovered by the principal after the termination. This solution recently reached by the Court of Cassation (Com., 14 Feb. 2018, No. 16-26037), overturning a judgment of the Paris Court of Appeal (Paris, 5th ch. 15 Sept. 2016, No. 18/23501) is part of a constant stream of French case law (Com., 1 June 2010, No. 09-14115; Com., 24 Nov. 2015, No. 14-17747; Nîmes, 3 Nov. 2016, No. 15/0331). A solution which some may have questioned its compatibility with the European decision of 28 October 2010 (C-203/09) or even its real contours

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Aymeric Louvet, Commercial agency: The Paris Court of Appeal – to which the case is referred by the Court of Cassation – retains the seriousness of the misconducts discovered after the termination of the commercial agency contract as such misconducts took place prior to the termination (Dipa / Cémoi), 3 October 2019, Concurrences N° 1-2020, Art. N° 92883, www.concurrences.com

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