CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENT – CHARACTERIZATION – PERMANENT POWER TO NEGOCIATE

Commercial agent : The French Supreme Court reminds that the commercial agent’s statute applies if the agent gets a permanent power to negociate (Exan/Cephalon)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 27 April 2011, Exan v. Cephalon, n° 10-14.851 A pharmaceutical laboratory had entrusted a company, through various service contracts over a period of some 30 years, with the task of visiting healthcare professionals in certain territories to promote its products. Following the termination of these relationships by the pharmaceutical company, the company claimed to be a sales agent and, as such, claimed severance pay. The Court of Cassation approved the Court of Appeal for having denied the company the status of commercial agent on the grounds that even if it "had sometimes been led to take local initiatives, to recommend and carry out certain

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

Dominique Ferré, Commercial agent : The French Supreme Court reminds that the commercial agent’s statute applies if the agent gets a permanent power to negociate (Exan/Cephalon), 27 April 2011, Concurrences N° 3-2011, Art. N° 37429, pp. 121-122

Visites 559

All reviews