CASE COMMENTS : DISTRIBUTION - COMMERCIAL AGENCY – CALCULATION OF THE AGENT’S FEES – BASIS OF FEES – YEAR-END BONUSES GRANTED BY THE PRINCIPAL TO CLIENTS – DEDUCTION FROM THE BASIS OF FEES (NO)

Commercial agency: The Cour de cassation decides that the year-end bonuses granted by the principal to clients regardless of sales made through the agent are not to be deducted from his commissions (Nouvelle Sanitrap’Technic/M. X.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. As an agent of common interest, the agent is protected throughout his relationship with the principal and in particular at the stage of the execution of the contract, under the ordinary law of agency and the status of commercial agents under the Commercial Code. This protection involves various obligations on the principal: the obligation of loyalty (art. L. 134-4, para. 2 C. com.), the obligation to inform or even train the agent (art. L. 134-4, para. 2 C. com.) and the

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Dominique Ferré, Commercial agency: The Cour de cassation decides that the year-end bonuses granted by the principal to clients regardless of sales made through the agent are not to be deducted from his commissions (Nouvelle Sanitrap’Technic/M. X.), 19 March 2013, Concurrences N° 3-2013, Art. N° 54065, p. 88

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