CASE COMMENTS: DISTRIBUTION – EUROPEAN UNION - COMMERCIAL AGENCY – QUALIFICATION – POWER TO NEGOTIATE

Commercial agency: The Court of Justice of the European Union adopts an extensive conception of power to negotiate (Trendsetteuse / DCA)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In French law, a commercial agent is a "mandatary who, as an independent profession, without being bound by a contract of lease of services, is permanently responsible for negotiating and, where appropriate, concluding contracts of sale, purchase, lease or provision of services, in the name of and on behalf of producers, industrialists, traders or other commercial agents" (Com. C., art. L. 134-1). There is debate about the qualification criteria, specifically the requirement of "power to negotiate and possibly to conclude". In the decision under comment, the discussion was confined to the power to negotiate, which is not legally defined, although several

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Nicolas Ferrier, Commercial agency: The Court of Justice of the European Union adopts an extensive conception of power to negotiate (Trendsetteuse / DCA), 4 June 2020, Concurrences N° 3-2020, Art. N° 96159, pp. 107-109

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