ALERTS: DISTRIBUTION – COMMERCIAL AGENCY – AGENCY AGREEMENTS
Agency agreement: The Court of Appeal of Rouen rules that the principal cannot claim the serious misconduct of the commercial agent after his death (C…-Arredo / Consorts Z)
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Facts
This decision provides further clarification of the effects of the commercial agent's serious (or at least allegedly serious) misconduct on the allowance for termination of his relationship with the principal, where such misconduct was discovered after the relationship was terminated; in this case, termination due to the death of the agent.
A commercial agency contract was concluded on 27 May 2004 with a natural person agent. The contract provided for exclusivity in favour of the agent on the territories of Normandy and Brittany. It also stipulated that " the agent undertakes not to represent or distribute during the execution of this contract
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