CASE COMMENT : DISTRIBUTION - COMMERCIAL AGENT - CEASE OF RELATIONSHIPS - FAULT - REDUCTION OF THE RIGHT TO COMPENSATION

Commercial agent : The French Supreme Court recalls the conditions for assessing the damages due to the commercial agent in case of cease of relationships (Gosteau / Eurelco)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts Two commercial agents who considered that the breach of their agency contract was attributable to their principal had summoned the latter to pay termination indemnities, notice, commission and damages. In their defence, the principal argued, inter alia, that the two commercial agents had committed serious misconduct such as to deprive them of any right to compensation. The Court of Appeal of Montpellier, considering that the faults were not "of such a serious nature as to render them liable to forfeit any right to compensation", had ordered the principal to pay each of the two agents damages and

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Régis Pihéry, Commercial agent : The French Supreme Court recalls the conditions for assessing the damages due to the commercial agent in case of cease of relationships (Gosteau / Eurelco), 23 September 2008, Concurrences N° 4-2008, Art. N° 27956, www.concurrences.com

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