ALERTS: DISTRIBUTION – COMMERCIAL AGENCY - SERIOUS MISCONDUCT

Agency agreement: The Court of Appeal of Dijon states that the clause which defines the acts likely to characterize a serious misconduct of the commercial agent leaves to the judges the freedom of appreciation of this seriousness and draws the consequences concerning an unpleasant and provocative message (Ruckfield / Up Two Up)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts. The Ruckfield company - the company of the famous bearded rugby player Sébastien CHABAL - manufactures and markets rugby-minded clothing. In order to do so, the company relies on a sales agent - Up Two Up company - himself assisted by sub-agents including Mr R. Wishing to reorganise its commercial and contractual relations the principal: breaks the principal commercial agent contract and compromises on the amount of commissions and indemnity; directly concludes an agent contract with Mr R., who is released from his initial contract. After more than three years of relationship, the principal terminates the latter contract for serious misconduct in

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Aymeric Louvet, Agency agreement: The Court of Appeal of Dijon states that the clause which defines the acts likely to characterize a serious misconduct of the commercial agent leaves to the judges the freedom of appreciation of this seriousness and draws the consequences concerning an unpleasant and provocative message (Ruckfield / Up Two Up), 9 April 2020, Concurrences N° 3-2020, Art. N° 95555, www.concurrences.com

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