ALERTS : DISTRIBUTION - SALES REPRESENTATIVE - STATUS - LEGAL DEPENDANCE - CRITERIA

Sales representative : The French Supreme Court recalls that the existence of a legal dependance is not a criteria of the sales representative status (Gestrim)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts The signatory of a contract entitled "mandate", which expressly excluded the application of the provisions of the Labour Code relating to the sales representative in favour of the commercial agency system, claimed before the industrial tribunal the status of exclusive sales representative. In denying him this status, the Court of Appeal noted that he was "according to some witnesses ... his own boss", that he "exercised

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Dominique Ferré, Régis Pihéry, Sales representative : The French Supreme Court recalls that the existence of a legal dependance is not a criteria of the sales representative status (Gestrim), 13 January 2009, Concurrences N° 2-2009, Art. N° 29601, www.concurrences.com

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