Agency agreement: The Metz Court of Appeal establishes the notice period in consideration of the duration of the Agency Contract and not based of the duration of the entire commercial relationship, and considers gross misconducts for facts discovered after termination of the contract, even if such termination was not caused by fault (Modexal / Casa Moda Heinrich K.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A German supplier specialising in the sale of men's clothing has been developing a commercial relationship for almost eight years with a company incorporated under French law responsible for sales in France. Following the breakdown of the relationship, the latter brought the matter before the competent court and claimed compensation for the loss suffered on the basis of the statute applicable to commercial agents. The case was referred to the Metz Court of Appeal following a referral after cassation related to the failure to comply with the adversarial procedure (Com., Sept. 27, 2017, No. 16-17.171). Problem #1 How to determine the length of the notice