CASE COMMENTS: DISTRIBUTION - COMMERCIAL AGENCY - BREACH OF CONTRACT - MISCONDUCT INVOKED AFTER THE TERMINATION

Commercial agency: The Court of Cassation considers that a serious wrongdoing liable to provoke the termination of a commercial agency agreement can be disclosed after said termination (FDI/Neuf Cegetel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts The commercial agent of a mobile telephone operator has entered into a new contract with a company competing with its principal. This new contract was knowingly concealed by the commercial agent from his principal. A few months later, he terminated his contractual relationship with the commercial agent. The latter then sued him for compensation for the damage suffered. In the first instance, the agent won his case but, in a judgment of 14 December 2005, the Paris Court of Appeal ruled that

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  • University of Montpellier

Quotation

Didier Ferrier, Commercial agency: The Court of Cassation considers that a serious wrongdoing liable to provoke the termination of a commercial agency agreement can be disclosed after said termination (FDI/Neuf Cegetel), 5 May 2007, Concurrences N° 3-2007, Art. N° 27879, www.concurrences.com

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