CASE COMMENT : DISTRIBUTION - SALES - OPERATION COMPLETED WITHOUT INTERVENTION OF THE CLIENT - RIGHT TO INDIRECT COMMISSIONS

Commercial agent: The French Supreme Court rules on the extent of the indirect commission due to the commercial agent (Chevassus-Marche/Danone)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts One supplier had given a commercial agent an exclusive mandate to represent it with customers of importers, wholesalers or retailers in a specific overseas territory. In the context of a dispute relating to the termination of their commercial relations, the commercial agent demanded payment of the commissions due in respect of purchases made by two companies in its area of operation from central purchasing agencies and retailers in metropolitan France. The supplier objected on the grounds that the purchases concerned had taken place without his direct or indirect control. The commercial agent was unsuccessful in his appeal and appealed to the

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Dominique Ferré, Commercial agent: The French Supreme Court rules on the extent of the indirect commission due to the commercial agent (Chevassus-Marche/Danone), 1 July 2008, Concurrences N° 4-2008, Art. N° 27960, www.concurrences.com

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