CASE COMMENT : DISTRIBUTION - POST-CONTRACT NON COMPETE PROVISION - FINANCIAL COMPENSATION - ART. L 7321-1 et s. C. Trav. - EXCLUSIVITY

Non-employees distributors: The Court of Cassation narrowly applies social law provisions to non-employees distributors (Distribution Casino France ; Yves Rocher/Gaellic)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The organisation of network distribution means that the legal and economic independence of the distributor from the network promoter has to be reconciled with the need for consistency in terms of organisation and marketing imposed on the distributor by the network promoter. Social law, on the other hand, seeks to stigmatize, in this search for consistency, the degree of economic and/or legal dependence of the distributor on the network promoter in order to provide social protection to the natural person responsible for the distributor's business. This trend is particularly pronounced with respect to agent managers. Recent case law thus illustrates the

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Dominique Ferré, Non-employees distributors: The Court of Cassation narrowly applies social law provisions to non-employees distributors (Distribution Casino France ; Yves Rocher/Gaellic), 8 December 2009, Concurrences N° 2-2010, Art. N° 31128, pp. 92-94

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