ALERTS: DISTRIBUTION – COMMERCIAL AGENCY – AGENCY AGREEMENTS

Agency agreement: The French Supreme Court decides that the principal does not have to pay a commission and does not breach his obligation of loyalty by contracting directly with a client located outside the area entrusted to the commercial agent and who distributes the products in the geographical area of the commercial agent to a clientele different from that entrusted to the intermediary (Rêve / Kidiliz)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts and procedure A commercial agency contract, concluded in 1997, gave the agent (Cie Reve) the exclusive right to distribute clothing produced by the principal (Kidiliz, which took over the rights of Catimini), on the territory of Switzerland and Liechtenstein, to multi-brand customers and department stores and, in general, to any sales area. The contract specified that " because of the exclusivity granted to the agent and the permanent representation he ensures in his sector, the commission is due to the agent on all sales made in his sector, whether the orders were transmitted by him or reached the principal otherwise ". Having noted that the

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Stéphane Brena, Agency agreement: The French Supreme Court decides that the principal does not have to pay a commission and does not breach his obligation of loyalty by contracting directly with a client located outside the area entrusted to the commercial agent and who distributes the products in the geographical area of the commercial agent to a clientele different from that entrusted to the intermediary (Rêve / Kidiliz), 31 March 2021, Concurrences N° 2-2021, Art. N° 101355, www.concurrences.com

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