ALERTS: DISTRIBUTION - COMMERCIAL AGENCY - DAMAGES

Commercial agency: The Dijon Court of Appeal excludes the compensation for damages claimed by the commercial agent on the ground that no commission was paid to him by the principal (Anges du vin / Bourgogne de Vigne en Verre)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Is the commercial agent entitled to an end-of-contract indemnity if the principal has not paid him commissions during the contractual relationship? That is the question dealt with in the judgment under reference. Following the termination of the contract, which expressly provided that the agent was in charge of the representation and sale of wines from various wineries in Asia, the agent brought the matter before the courts in order to obtain the termination indemnity. In reply, the argument of the wine merchant, the principal, seems unassailable: since no commission has been paid, no compensation is due. It was therefore not a question of the principal

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Aymeric Louvet, Commercial agency: The Dijon Court of Appeal excludes the compensation for damages claimed by the commercial agent on the ground that no commission was paid to him by the principal (Anges du vin / Bourgogne de Vigne en Verre), 20 June 2019, Concurrences N° 4-2019, Art. N° 92215, www.concurrences.com

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