CASE COMMENTS: DISTRIBUTION - QUALIFICATION - BARGAINING POWER

Commercial agency: The French Supreme Court clearly confirms the extensive assessment of the commercial agent’s negotiating power (Nicolas / Verdier)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The qualification of a commercial agent contract remains at the heart of current case law, as evidenced by a decision of the Court of Cassation handed down on May 12, 2021. One will recall, of course, the decision handed down on June 4, 2020 by the Court of Justice of the European Union, which adopted a broad conception of the commercial agent's power to negotiate, considering that "aperson does not necessarily have to have the power to alter the prices of the goods which he sells on behalf of the principal in order to be classified as a commercial agent". The purpose of this solution was to prevent an overly narrow interpretation of the concept of the

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Philippe Vanni, Commercial agency: The French Supreme Court clearly confirms the extensive assessment of the commercial agent’s negotiating power (Nicolas / Verdier), 12 May 2021, Concurrences N° 3-2021, Art. N° 101503, pp. 103-104

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