CASE COMMENTS: DISTRIBUTION - COMMERCIAL AGENCY - QUALIFICATION - BARGAINING POWER

Agency agreement: The French Civil Supreme Court applies the broad concept of the commercial agent’s bargaining power as interpreted by the Court of Justice of the European Union (Éditions Atlas)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. According to a decision of 4 June 2020, the Court of Justice of the European Union had adopted a broader concept of the commercial agent's bargaining power (V. CJEU, 4 June 2020 No. C-828-18, Concurrences 2020-3, p. 107, note N. Ferrier) in order, in particular, to prevent an excessively narrow interpretation of the Staff Regulations from allowing the application of the Staff Regulations to be easily overruled by denying the staff member the power to negotiate prices. The Court of Justice of the European Union had therefore interpreted Article 1(2) of the Directive of 18 December 1986 as meaning that

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Anne-Cécile Martin, Agency agreement: The French Civil Supreme Court applies the broad concept of the commercial agent’s bargaining power as interpreted by the Court of Justice of the European Union (Éditions Atlas), 2 December 2020, Concurrences N° 1-2021, Art. N° 99141, pp. 141-142

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