CASE COMMENTS: DISTRIBUTION – DUTY TO INFORM – DUTY OF LOYALTY – MISCONDUCT

Commercial agency: The French High court approves the court of appeal for considering that is constitutive of a gross misconduct, the fact for a sales representative to deliberately hide his financial situation and then his placement under administration by a court order (Allegro Manon Troppo Box / Fashion Box France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Serious misconduct on the part of the agent, which deprives him of a termination indemnity, is defined by case law as that "which undermines the common purpose of the mandate of common interest and makes it impossible to maintain the contractual link" (Cass. com., 15 Oct. 2002). While such fault is generally assessed in a restrictive manner, the decision handed down on 24 November 2015 deserves attention in that it provides useful clarifications, on the one hand, on the existence of serious fault and, on

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Dominique Ferré, Commercial agency: The French High court approves the court of appeal for considering that is constitutive of a gross misconduct, the fact for a sales representative to deliberately hide his financial situation and then his placement under administration by a court order (Allegro Manon Troppo Box / Fashion Box France), 24 November 2015, Concurrences N° 2-2016, Art. N° 79229, pp. 115-116

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