CASE COMMENTS: DISTRIBUTION - BREACH OF CONTRACT BY THE AGENT – ABSENCE OF NOTICE – RIGHT TO COMPENSATION OF PRINCIPAL

Breach of contract: The French Supreme Court refuses to grant compensation for lack of notice to a principal responsible for the breach of contract despite no serious misconduct (MNS & CO)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Aix-en-Provence, January 16, 2014, RG n° 12/09468 Article L. 134-11 of the Commercial Code requires the parties to a commercial agency contract of indefinite duration to observe a period of notice on termination, of one month when the contract is in its first year of performance, two months when the contract is in its second year of performance and three months when the contract is in its third year of performance or beyond. Failure to comply with the time-limit obliges the party (agent or principal) who has terminated the contract to pay compensation in lieu of notice (Cass. com., 25 September 2007, Appeal No. 06-14.019). Two cases judged at the

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Dominique Ferré, Breach of contract: The French Supreme Court refuses to grant compensation for lack of notice to a principal responsible for the breach of contract despite no serious misconduct (MNS & CO) , 4 February 2014, Concurrences N° 2-2014, Art. N° 65861, pp. 109-110

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