ALERTS: DISTRIBUTION – COMMERCIAL AGENCY - DAMAGES

Commercial agency: The Aix-en-Provence Court of Appeal gives a strict legal interpretation of the Agent’s remuneration clause and orders the payment by the principal of commissions on sale of private label products and on promotional activity of “central purchasing organizations” (Now’s Home France)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. A sales agent, who acts on behalf of a supplier of tableware to supermarket chains, is remunerated on both direct and indirect sales in his sector. However, "central actions" and "warehouse deliveries" are excluded. Faced during the course of the contract with requests for private label products by the brands and strong promotions, the principal informs his agent by mail that these specific operations, with a very low margin, will not be commissioned and asks him to return this signed letter, which the agent will never do. The Court is then seised, in the first instance, of the question of imputability for the breach of contract. The principal,

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Aymeric Louvet, Commercial agency: The Aix-en-Provence Court of Appeal gives a strict legal interpretation of the Agent’s remuneration clause and orders the payment by the principal of commissions on sale of private label products and on promotional activity of “central purchasing organizations” (Now’s Home France), 5 September 2019, Concurrences N° 4-2019, Art. N° 92613, www.concurrences.com

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