ALERTS: DISTRIBUTION – COMMERCIAL AGENCY – AGENCY AGREEMENTS

Agency agreement: The Paris Court of Appeal agrees with the extensive meaning of the negotiating power of the commercial agent (DJMS / Eurodesserts, Incopack)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts and procedure. It was not long before the broad interpretation of the commercial agent's bargaining power, delivered by the ECJ in its judgment of 4 June 2020 (No. C-828/18, Trendsetteuse SARL v. DCA SARL, Lettre distribu. 06/2020, nos. obs. ; Rev. conc., No. 3-2020, p. 107, obs. N. Ferrier), is echoed in French case law. This echo is all the more remarkable in that it occurs before the Paris Court of Appeal, whose position had hitherto been firmly attached to a narrow conception of the concept. The facts of the case are quite classic. In 1994 DJMS, a company specialising in the trade in food products, concluded a broadcasting contract with

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Stéphane Brena, Agency agreement: The Paris Court of Appeal agrees with the extensive meaning of the negotiating power of the commercial agent (DJMS / Eurodesserts, Incopack), 1 October 2020, Concurrences N° 1-2021, Art. N° 98617, www.concurrences.com

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