CASE COMMENTS: DISTRIBUTION – INDEMNITY FOR TERMINATION OF CONTRACT – IMPUTABILITY OF THE TERMINATION – BURDEN OF PROOF

Commercial agency: The French Supreme Court holds that the principal who does not allow his agent to exercise his activity and does not respond to a formal notice from his agent to continue the contractual relationship, is responsible for the termination of the contract (Celinho / DGPP)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. While the specific protective regime applicable to commercial agents provides in principle for the right to a so-called "termination indemnity" in the event of termination of their relations with their principal (Article L. 134-12 C. com.), there are nevertheless circumstances in which the agent does not benefit from it. Article L. 134-13 2° C. com. thus provides that the indemnity for termination of contract is not

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Dominique Ferré, Commercial agency: The French Supreme Court holds that the principal who does not allow his agent to exercise his activity and does not respond to a formal notice from his agent to continue the contractual relationship, is responsible for the termination of the contract (Celinho / DGPP), 21 June 2016, Concurrences Nº 4-2016, Art. N° 82053, p. 109

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