CASE COMMENTS: DISTRIBUTION - COMMERCIAL AGENCY - QUALIFICATION - POWER TO NEGOTIATE

Commercial agency: The French Supreme Court revisits the concept of power to negotiate (Fructidoc / Esteban Espuna France ; Agence pour l’agroalimentaire / Fresh Food Village)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In two judgments (on which, see S. Brena, Lettre distr. Mars 2021), the Court of Cassation denied the status of commercial agent to an intermediary without the power to conclude and negotiate the contractual prices and conditions on behalf of his principal. The solutions, which must be put in perspective with the recent position of the Court of Justice, invite to come back to the criterion of commercial agency and, incidentally, its distinction from brokerage. In the first case (Cass. com., 27 Jan. 2021), a contract qualified as a "business provider" was concluded, which stipulated in particular that the intermediary's mission was to provide the principal

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Nicolas Ferrier, Commercial agency: The French Supreme Court revisits the concept of power to negotiate (Fructidoc / Esteban Espuna France ; Agence pour l’agroalimentaire / Fresh Food Village), 27 January 2021, Concurrences N° 2-2021, Art. N° 100528, pp. 98-100

Visites 67

All reviews