CASE COMMENTS: DISTRIBUTION - TRADE INTERMEDIARY – LEGAL SUBORDINATION – REQUALIFICATION

Trade intermediary : The French Judiciary Supreme Court holds that some conditions of a distributor’s activity may reveal the existence of a legal subordination and thus an employment contract (M. X./Languedoc géothermie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The reclassification of distribution contracts as employment contracts is a major source of litigation, particularly because of the permeability of the boundaries between distribution law and employment law. Various reasons can be invoked: in general: the difficulties encountered by distributors in a context of crisis (breach of contract, opening of collective proceedings, etc.) which lead them to claim the status of employee in order to benefit from certain financial guarantees, the accessibility of the social courts before which the arbitration clause is ineffective,

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Dominique Ferré, Blanche de La Mure, Trade intermediary : The French Judiciary Supreme Court holds that some conditions of a distributor’s activity may reveal the existence of a legal subordination and thus an employment contract (M. X./Languedoc géothermie), 6 May 2015, Concurrences N° 3-2015, Art. N° 75020, pp. 87-88

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