ALERTS: DISTRIBUTION - AGENCY CONTRACT - LOYALTY
Commercial agency: The French Supreme Court considers that the immediate termination of the commercial agent’s relationship with the competing company has no influence on the qualification of his conduct (Achat direct / Electrodépôt)
*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Commercial agency: disloyalty discouraged but proof of commission entitlement favoured*
The performance of a commercial agency contract requires each party to respect its commitments. Thus, the commercial agent must perform his duties with loyalty, which is reflected in the contractual non-competition obligation set out in Article L. 134-3 C. com. As for the principal, he must obviously pay the remuneration provided for in the contract; when this remuneration takes the form of commissions, their amount is based, according to Article L. 134-6 of the Commercial Code, on the commercial transactions concluded during the term of the agency contract. These two
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