CASE COMMENTS : DISTRIBUTION - ARTICLE L. 146-1 OF THE COMMERCIAL CODE - CONTRACT MANAGEMENT MANDATE - COMPLIANCE MANAGEMENT AND OPERATING OUTLET STANDARDS - REQUALIFICATION EMPLOYMENT CONTRACT

Contract management mandate qualification: The Court of Cassation approves the control of the contract management mandate qualification by the Paris Court of Appeal (Babou)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. soc., June 8, 2010, B & B, No. 08-44965 – Cass. soc., 23 June 2010, Babou, n° 09-40093 After the major debates that led to the harmonization of the regimes applicable to managing agents and salaried branch managers, now provided for in Article L. 7322-1 of the Labour [1]Code, questions are still being raised about the application of labour law to managing agents, in this case the managing agents of businesses that are widely used in certain sectors of activity (notably the hotel industry). According to Article L. 146-1 of the French Commercial Code resulting from the law of August 2, 2005, the following are qualified as executive managers:

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  • University of Montpellier

Quotation

Didier Ferrier, Contract management mandate qualification: The Court of Cassation approves the control of the contract management mandate qualification by the Paris Court of Appeal (Babou), June 2010, Concurrences N° 4-2010, Art. N° 33047, pp. 135-136

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