ALERTS: DISTRIBUTION - COMMERCIAL AGENCY - SEVERANCE PAY
Compensation: The French Supreme Court affirms a systematic indemnification of the termination of the relationship with the principal to the commercial agent holding a fixed-term contract, including when the agent opposes the renewal of this relationship (La Diffusion Sofradif / Elsevier Masson)
*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Non-renewal of the agency contract: systematic compensation of the commercial agent*
Can a commercial agent who refuses to renew a fixed-term agency contract claim the indemnity provided for in Article L. 134-12 of the Commercial Code?
The position of the case law on this issue seemed to be broadly settled. Although the Court of Cassation has accepted the right to compensation of an agent holding a fixed-term contract who is refused renewal by the principal (Cass. com., 23 Apr. 2003, n°01-15639; Cass. com, 3 Oct. 2006, n°05-10127), this right was, pursuant to Article L. 134-13, 2°, excluded in the event of a refusal by the agent, the termination of the
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