Commercial agency: The Chambéry Court of Appeal does not allow the principal to rely, in order to justify a breach for serious misconduct, on the actions of the commercial agent prior to the breach (Early Bird / Faith Connexion)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Contract for valuable consideration, the commercial agency contract entitles the agent to remuneration; contract of common interest, it gives rise to compensation of the commercial agent on termination of his relationship with the principal. It is with these two aspects of the status of commercial agents that the Court of Appeal of Chambéry was confronted in this judgment which, in some respects, may have resisted the Court of Cassation. While no written agreement has been established between the parties, Mr C, acting under the trade name Early Bird, acts as a sales agent on behalf of Faith Factory, a company specialising in the marketing of high-end women's