Commercial agent’s termination indemnity: The French Supreme Court and the Besançon Court of Appeal pronounce on a clause setting the amount of the commercial agent’s termination indemnity at one year of commissions (Bersem/Pequignet ; Pfennig/Nade and Générali Assurances Vie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 18 May 2010, Pfennig v Nade and Générali Assurances Vie, No. 09-15023 and 09-66439 CA Besançon, 10 February 2010, Bersem c/ Pequignet, RG 08/03421, JurisData n° 2010-001019 The amount of the termination indemnity due by the principal to the commercial agent is not precisely determined in the Commercial Code nor in the Directive of 18 December 1986[, unlike the customer indemnity, the amount of which is capped by Article 17-2, b, of the Directive at one year's commission]. Article L. 134-12 C. Com. merely states that 'in the event of termination of his relations with the principal, the commercial agent shall be entitled to compensation for the