CASE COMMENT : DISTRIBUTION - MANAGING AGENT - QUALIFICATION OF EMPLOYEES

Agent: The French Supreme Court holds that an alleged managing agreement is a work contract (HCGMVP/Simoes)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Soc. case, 16 January 2008, HCGMVP v. Simoes, appeal No. 07-40.055 Facts A company which operated hotels under a franchise agreement had entrusted the co-managers of another company with the management of hotels in its name and on its behalf. The co-managers argued that they were in a subordinate position vis-à-vis the company with which they had contracted and claimed the status applicable to employees. Decision "The co-managers of the company had no real autonomy in the management of the hotel, (...) they were personally obliged to ensure its operation at all

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Dominique Ferré, Agent: The French Supreme Court holds that an alleged managing agreement is a work contract (HCGMVP/Simoes), 16 January 2008, Concurrences N° 2-2008, Art. N° 27942, www.concurrences.com

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