ALERTS: DISTRIBUTION - COMMERCIAL AGENCY - AGENCY AGREEMENTS
Commercial agency: The French Supreme Civil Court rules that the non-renewal of the contract decided by the principal needn’t any reason (Pasteur / Technologies services)
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By the judgment under comment, the Court of Cassation very usefully completes the jurisprudential system for dealing with the question of the conditions under which the principal can claim serious misconduct on the part of the commercial agent.
First, the Court of Justice (ECJ, 28 Oct. 2010, C-203/09) clarified that serious misconduct committed during the period of notice (the situation in which serious misconduct would have occurred before termination being expressly excluded from the proceedings, cf. paragraph 29) was not such as to deprive the staff member of his right to compensation. The Court of Cassation was then faced with a completely different
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