CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENCY – RIGHT TO INDIRECT COMMISSIONS (NO) – REPRESENTATION OF COMPETING PRODUCTS – AGENT’S SERIOUS FAULT (YES)

Commercial agency: The Aix-en-Provence Court of Appeal refuses a commercial agent the right to indirect commissions for transactions made by the principal with a client belonging to the exclusive territory of the agent on the grounds that the agent was not involved in these transactions ; the Court also refuses him the right to termination indemnity due to his serious fault by becoming agent of the competitor to his principal without the consent of the latter (Roland Pinard/LED)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Aix-en-Provence, 13 June 2012, Roland Pinard AGC c/ LED 3, RG n° 10/21564 The commercial agent is protected at the various stages of his relationship with the principal: during the performance of the contract, he is entitled to the payment of commissions (Art. L. 134-5 et seq. c. com.); on termination of the contract, he is entitled to compensation for the loss suffered (Art. L. 134-12 c. com.). However, this protection is not absolute: the right to commission can be adjusted in the contract and the agent's serious misconduct deprives him of the termination indemnity. No entitlement to indirect commission due to a contractual stipulation The

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Dominique Ferré, Commercial agency: The Aix-en-Provence Court of Appeal refuses a commercial agent the right to indirect commissions for transactions made by the principal with a client belonging to the exclusive territory of the agent on the grounds that the agent was not involved in these transactions ; the Court also refuses him the right to termination indemnity due to his serious fault by becoming agent of the competitor to his principal without the consent of the latter (Roland Pinard/LED), 19 November 2012, Concurrences N° 4-2012, Art. N° 49505, pp. 82-83

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