CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENT – GOODWILL INDEMNITY – AGENT’S RETIREMENT – START DATE OF THE PERIOD IN WHICH A COMMERCIAL AGENT MUST NOTIFY HIS REQUEST FOR INDEMNIFICATION

Commercial Agent: The Court of Cassation decides on commercial agent’s goodwill indemnity in the case of agent’s retirement and holds that the starting date of the period in which a commercial agent must notify his request for indemnification is the date of actual termination of the contract (Bedin/Joly ; Lamy/Sogelub)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, January 18, 2011, Bedin c/ Joly, nº 09-72510 Cass. com, February 8, 2011, Lamy v. Sogelub, No. 10-12876 Articles L. 134-12 and L. 134-13 of the French Commercial Code set out the conditions for opening the right to compensation for the commercial agent at the end of the contract and the terms and conditions for its implementation. One month apart, in two different cases, the Court of Cassation ruled on these two points, usefully specifying: under what conditions the staff member may be entitled to compensation in the event of "retirement", what is the starting point of the one-year period within which he must notify his principal of his

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Dominique Ferré, Commercial Agent: The Court of Cassation decides on commercial agent’s goodwill indemnity in the case of agent’s retirement and holds that the starting date of the period in which a commercial agent must notify his request for indemnification is the date of actual termination of the contract (Bedin/Joly ; Lamy/Sogelub), 18 January 2011, Concurrences N° 2-2011, Art. N° 35627, pp. 120-122

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