CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENCY – AGENT’S SERIOUS FAULT (NO) – FOCUS ON THE BEHAVIOUR OF THE PRINCIPAL

Commercial agency: The Paris Court of Appeal points out that the burden of the proof of the agent’s serious fault lies on the principal and considers that certain behaviours of the principal contradict the invocation of a serious fault of the agent (MKM/GPG, C&I/Bonnemaison Distribution, Eldis, Vergely, Robert Dorleans and M. P. Donot, C&I/Deficom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Paris Board of Directors, 07.06.12, MKM Limited v/ GPG, RG n° 11/12179; Paris Board of Directors, 05.07.12, C&I v/ Bonnemaison Distribution, Eldis, Vergely, Robert Dorleans and M. P. Donot, RG n° 10/24583; Paris Board of Directors, 05/07/12, C&I v/ Deficom, RG n° 10/20388 Litigation of serious misconduct on the part of the commercial agent, a circumstance likely to exclude his right to compensation for termination of contract (Art. L. 134-13 of the Code of Civil Procedure), feeds the courts of law on the merits. In another case commented on in this column (CA Aix-en-Provence, 13 June 2012, Sté Roland Pinard AGC v Sté LED 3, RG n° 10/21564), the judges

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Dominique Ferré, Commercial agency: The Paris Court of Appeal points out that the burden of the proof of the agent’s serious fault lies on the principal and considers that certain behaviours of the principal contradict the invocation of a serious fault of the agent (MKM/GPG, C&I/Bonnemaison Distribution, Eldis, Vergely, Robert Dorleans and M. P. Donot, C&I/Deficom), November 2012, Concurrences N° 4-2012, Art. N° 49507, pp. 84-85

Visites 241

All reviews