Sudden termination of established business relationships: The Court of Cassation reconsiders the costs deducted from the compensated margin (Gifi Mag / IDF management)

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This article was first published in the Lettre de la distribution published by the Centre du Droit de l’Entreprise of the University of Montpellier.

Facts. The termination of a management-agent contract, which the manager considers brutal because of the termination of the tacit renewal only two and a half months before the end of the contract, is a source of litigation concerning brutal termination. It is now accepted that this relationship falls within the scope of the former article L. 442-6, I, 5°. The solution results from a cassation ruling (Com., Oct. 2, 2019, No. 18-15.676, Lettre distrib. 11/2019, which affirms that article L. 146-4 C. com. governing the termination of this contract does not exclude article L. 442-6, I, 5°, now L. 442-1, II). The referral judgment (Paris, Sept. 16, 2020, Lettre distrib. 10/2020) was the occasion to generously compensate the manager-agent (88,000 euros), operator of a store under the Gifi

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Clémence Mouly-Guillemaud, Sudden termination of established business relationships: The Court of Cassation reconsiders the costs deducted from the compensated margin (Gifi Mag / IDF management), 11 May 2022, Concurrences N° 3-2022, Art. N° 107838

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