CASE COMMENT : DISTRIBUTION - COMMERCIAL AGENCY - QUALIFICATION – POWER TO NEGOTIATE OF THE AGENT (YES) – POSSIBILITY TO OFFER “GIFTS” TO COSTUMERS

Qualification as commercial agent: The Paris Court of Appeal qualifies as commercial agent due to his negotiation power an intermediary prevented from changing pricing conditions of the principal but authorized to grant costumers “gifts” representing a real financial advantage (Covidien)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The benefit of the status of commercial agents is only granted to intermediaries who - effectively - carry out their activity in accordance with the four conditions of Article L. 134-1 of the French Commercial Code. The third (relating to the type of contract negotiated and possibly concluded by the agent) and the fourth (relating to the status of the principal) are, generally speaking, sources of little litigation (for recent illustrations, see, however, ...): CA Paris, October 11, 2012, RG 10/09558: the negotiation and conclusion of franchise agreements may fall within the mission of a commercial agent; Cass. com. 20 March 2012,

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Dominique Ferré, Qualification as commercial agent: The Paris Court of Appeal qualifies as commercial agent due to his negotiation power an intermediary prevented from changing pricing conditions of the principal but authorized to grant costumers “gifts” representing a real financial advantage (Covidien), 30 May 2013, Concurrences N° 4-2013, Art. N° 59231, p. 93

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