ALERTS: DISTRIBUTION – COMMERCIAL AGENCY – AGENCY AGREEMENT

Agency agreement: The Versailles Court of Appeal dismisses the qualification of commercial agency due to the lack of negotiating power but recognizes that the intermediary has a right to information on the amount of commissions due (Sensas / Italia Fishing)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The broadcaster's remuneration on a commission basis requires the supplier to allow the broadcaster to verify the amount due to it, even if the qualification of commercial agent is disregarded. This is, implicitly, the lesson to be learned from a ruling handed down on 23 April by the Versailles Court of Appeal. Facts. The company Sensas, a manufacturer and marketer of fishing tackle, entered into a relationship with the company Italia Fishing, first under a verbal contract for the non-exclusive distribution of its products (that contract is not relevant to the present case), and then under a contract of 25 May 2011, drafted in English and entitled 'agency

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Stéphane Brena, Agency agreement: The Versailles Court of Appeal dismisses the qualification of commercial agency due to the lack of negotiating power but recognizes that the intermediary has a right to information on the amount of commissions due (Sensas / Italia Fishing), 23 April 2020, Concurrences N° 3-2020, Art. N° 95548, www.concurrences.com

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