ALERTS: DISTRIBUTION – COMMERCIAL AGENCY – AGENCY AGREEMENTS

Commercial agency: The Versailles Court of Appeal considers that the power of negotiation supposes that of modifying the terms of the contract, that the power of representation is not necessary for the classification of agency contract, that the fixing of the termination indemnity of contract does not presuppose proof of damage and that it is combined with the damages due for the faulty nature of the breach (Natprocess / FCD)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts. A contract entitled "commercial representation" was entered into on July 13, 2012, to market a food sterilization process. The contract provided, on the one hand, that the broadcaster (Natprocess) had to respect a minimum selling price set by the producer (FCD); on the other hand, an exclusivity for the benefit of the broadcaster, extended by twelve months for each sale made. However, the last sale having taken place on 21 October 2013, the producer terminated the contract by letter dated 12 February 2014 with effect from the following 12 August. The broadcaster then summoned the producer, mainly by way of payment of a termination indemnity in his

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Stéphane Brena, Commercial agency: The Versailles Court of Appeal considers that the power of negotiation supposes that of modifying the terms of the contract, that the power of representation is not necessary for the classification of agency contract, that the fixing of the termination indemnity of contract does not presuppose proof of damage and that it is combined with the damages due for the faulty nature of the breach (Natprocess / FCD), 19 August 2020, Concurrences N° 4-2020, Art. N° 97688, www.concurrences.com

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