CASE COMMENTS: DISTRIBUTION – COMMERCIAL AGENCY – COMPENSATION FOR TERMINATION OF CONTRACT – SERIOUS BREACH – POST-CONTRACTUAL NON-COMPETITION CLAUSE

Commercial agency: The Versailles Court of Appeal rules on the link between failure to achieve objectives and failure to prospect and on the delimitation in space of a post-contractual non-competition clause (Egetra)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The commercial agency contract is definitely at the heart of this quarter's case law. The terms and stakes of the qualification (Cf. CJEU 4 June 2020 V. supra. note N.F.) should not overshadow the importance of the issues that otherwise arise in relation to its execution. A decision of the Court of Appeal of Versailles is worth noting in this regard. At the end of a commercial agency contract, a company had entrusted its agent with the "mission of canvassing with a view to selling transport and customs commission services". The contract also stipulated that the agent was prohibited from "canvassing customers with whom the

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Philippe Vanni, Commercial agency: The Versailles Court of Appeal rules on the link between failure to achieve objectives and failure to prospect and on the delimitation in space of a post-contractual non-competition clause (Egetra), 7 May 2020, Concurrences N° 3-2020, Art. N° 96160, pp. 109-110

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