ALERTS: DISTRIBUTION - SALE - QUALIFICATION OF COMMERCIAL AGENT

Sale: The Courts of Appeals of Paris and Toulouse consider that the status of commercial agent is not dependent of the will of the parties or the denomination in the contract but the effective conditions of exercise of the activity (Edition Atlas / New PLV)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The submission of a contractual relationship to the protective status of commercial agents presupposes that it falls within its scope. As the Toulouse and Paris judges recalled, in the same terms, on the occasion of the two cases under comment, "the application of the status of commercial agent depends neither on the will expressed by the parties in the contract nor on the name they have given to their agreement, but on the conditions under which the activity is actually carried on". And, according to the provisions of Article L. 134-1 of the Commercial Code, "the commercial agent is an agent who, as an independent profession, is permanently responsible

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Stéphane Brena, Sale: The Courts of Appeals of Paris and Toulouse consider that the status of commercial agent is not dependent of the will of the parties or the denomination in the contract but the effective conditions of exercise of the activity (Edition Atlas / New PLV), 28 February 2018, Concurrences N° 2-2018, Art. N° 86796, www.concurrences.com

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