CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENCY – NON-COMPETITION CLAUSE – INTERPRETATION – NECESSARY TO PROTECT THE PRINCIPAL’S INTERESTS (NO) – NULLITY (YES)

Commercial agency: The Court of Cassation approves a Court of appeal to have held that the post-contractual non-competition clause of a commercial agency contract was null and void because it was not correlated to the customers entrusted to the agent and necessary to protect the principal’s interests (Kriss Laure)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 15 May 2012, Kriss Laure v. Mrs. X..., No. 11-18330 The commercial agent may be required not to compete with his principal after the termination of the contract (art. L. 134-14, para. 1, Com. C.). Judges check the validity of this type of undertaking in the light of the legal requirements, namely that the clause must : "be set down in writing, concern the geographical area, and, where appropriate, the group of persons entrusted to the commercial agent, as well as the type of goods or services for which he acts as agent under the contract" (art. L. 134-14, para. 2, C. com.), "for a maximum period of two years after the

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Dominique Ferré, Commercial agency: The Court of Cassation approves a Court of appeal to have held that the post-contractual non-competition clause of a commercial agency contract was null and void because it was not correlated to the customers entrusted to the agent and necessary to protect the principal’s interests (Kriss Laure), September 2012, Concurrences N° 3-2012, Art. N° 48372, p. 121

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