CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENCY (NO) – JOINT INTEREST AGENCY AGREEMENT (NO) – COMMERCIAL BROKER AGREEMENT (YES)
Commercial broker agreement: The Paris Court of Appeal dismisses the legal qualifications of commercial agency agreement and joint interest agency agreement and rules that the contract is a commercial broker agreement when the intermediary is not habilitated to negotiate and conclude contracts (Maisons Pierre/Stéphane Collin)
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CA Paris, March 21, 2012, Maisons Pierre c/ Stéphane Collin e.a., RG 09/20217
Abundant litigation has developed over the reclassification of certain distribution contracts as commercial agency contracts or mandates of common interest, as evidenced by the decision of the Paris Court of Appeal of March 21, 2012, whose reasoning, which is particularly well substantiated, deserves attention.
In this case, Maisons Pierre builds and markets single-family homes through a network of dealers and franchisees. In 2003, Stéphane Collin (ESC) joined the network by signing a "commercial concession" contract under which it was entrusted with the exclusive marketing of
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