CASE COMMENTS: DISTRIBUTION – COMMERCIAL AGENCY – TRIAL PERIOD – NO SIGNIFICANCE IMBALANCE – CONSIDERATION – COMPENSATION FOR TERMINATION OF CONTRACT

Commercial agency: The Orleans Court of Appeal considers the clause instituting a trial period to be lawful even though the parties had already collaborated together and evaluates the amount of the termination indemnity by taking into account the duration of this previous collaboration (Villa / Fadin)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is now known that the commercial agency contract may include a clause under the terms of which the agent must serve a trial period and that he is entitled to payment of the termination indemnity provided for in Article L. 134-12 of the Commercial Code, including when the termination of the contract occurs during this trial period (V. CJUE, 19 April 2018, aff. No. C-645/16, p. 1). and Cass, com, Jan. 23, 2019, no. 15-14.212 - cf. obs. D. Ferré, Concurrencesn° 3-2018 and n° 2-2019). A decision of the Orléans Court of Appeal handed

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Philippe Vanni, Commercial agency: The Orleans Court of Appeal considers the clause instituting a trial period to be lawful even though the parties had already collaborated together and evaluates the amount of the termination indemnity by taking into account the duration of this previous collaboration (Villa / Fadin), 30 April 2020, Concurrences N° 3-2020, Art. N° 96161, pp. 110-111

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