CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENCY – SERIOUS FAULT OF THE AGENT (NO) – PRINCIPAL’S INDULGENCE (YES) – RIGHT TO TERMINATION INDEMNITY (YES)

Commercial agency: The Court of Cassation approves a Court of Appeal to have awarded a commercial agent a termination indemnity, without consideration of his serious fault since the principal took an active part in it and tolerated it (DEB/Jade)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 3 May 2012, DEB v. Jade, No. 11-17312 The compensation to which the commercial agent may be entitled as a result of the termination of his relations with the principal (art. L. 134-12 of the Code of Commerce) is not due, in particular, when the termination is caused by the commercial agent's serious misconduct (art. L. 134-13, 1° C. com.). As a trigger for the exception to the compensation rule, serious misconduct is assessed in a restrictive manner by the case law: it is "that which

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Dominique Ferré, Commercial agency: The Court of Cassation approves a Court of Appeal to have awarded a commercial agent a termination indemnity, without consideration of his serious fault since the principal took an active part in it and tolerated it (DEB/Jade), September 2012, Concurrences N° 3-2012, Art. N° 48370, p. 120

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