CASE COMMENTS: DISTRIBUTION – FRANCE – COMMERCIAL AGENCY – COMMERCIAL AGENT – SERIOUS MISCONDUCT – INDEMNITY FOR TERMINATION

Commercial agency: The French Supreme Court and the Paris and Chambery Courts of Appeal specify the conditions under which serious misconduct on the part of the commercial agent excludes indemnity for termination (Cerba...)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. According to Article L. 134-13 of the Commercial Code, the commercial agent loses the right to severance pay provided for in Article L. 134-12 in the event of, inter alia, serious misconduct. The exception raises questions relating in particular to the conditions under which such misconduct, if proven, effectively precludes the right to compensation. If it is accepted that the serious misconduct must have occurred prior to the break-up (Cass. com., 23 Sept. 2008, n° 07-13.338), some decisions have admitted that it could be revealed later (Cass. com., 15 May 2007, No. 06-12.282Cass. com, 1 June 2010, No. 09-14. Cass. com, Nov. 24, 2015, No. 14-17.747.. V.

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Nicolas Ferrier, Commercial agency: The French Supreme Court and the Paris and Chambery Courts of Appeal specify the conditions under which serious misconduct on the part of the commercial agent excludes indemnity for termination (Cerba...), 19 June 2019, Concurrences N° 1-2020, Art. N° 93314, pp. 94-96

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