CASE COMMENTS: DISTRIBUTION – EUROPEAN UNION – COMMERCIAL AGENCY – TERMINATION OF THE CONTRACT – TRIAL PERIOD – RIGHT TO INDEMNITY

Right to indemnity: The Court of justice of the European Union holds that the termination of the commercial agency contract during the trial period does not deprive the agent from its right to compensation (Demeures terre et tradition)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The commercial agency system, laid down in Articles L. 134-1 et seq. of the EC Treaty, transposes the provisions of Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents. Article 17(3) of the Directive, transposed in Article L. 134-12 C. com., allows the commercial agent to benefit from a "right to compensation for damage caused to him by the termination of his relations with the principal". The Directive does not, however, specify whether the agent still enjoys such a right to compensation where the termination of relations occurs during the performance of a probationary

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Dominique Ferré, Right to indemnity: The Court of justice of the European Union holds that the termination of the commercial agency contract during the trial period does not deprive the agent from its right to compensation (Demeures terre et tradition) , 19 April 2018, Concurrences N° 3-2018, Art. N° 87653, pp. 108-109

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