CASE COMMENTS: DISTRIBUTION - FRANCE - BRANCH MANAGER - SERVICE - PAYMENT - REIMBURSEMENT

Branch Manager: The French Supreme Court confirms its refusal to grant the supplier’s request to obtain the repayment of the sums having remunerated the services performed by the distributor, a legal entity, despite the application of the status of branch manager to the benefit of the representative, a natural person, of the latter (SFR)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a decision handed down on May 27, 2021, the French Civil Supreme Court confirms its position concerning the impossibility for the supplier to obtain reimbursement of the sums that remunerated the services performed by the legal entity distributor in execution of the distribution contract, in the event of application in favour of its representative, a natural person, of the status of branch manager (art. L. 7321-2 C. trav.). We recall that the decision rendered, in the same sense, in December 2019 had caused a lot of ink to flow (French Civil Supreme Court, 11 December 2019, n° 18-10790: C. Grimaldi , D. 2020, p. 51; L. Bettoni, JCP, E. 2020, p. 1085; N.

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Anne-Cécile Martin, Branch Manager: The French Supreme Court confirms its refusal to grant the supplier’s request to obtain the repayment of the sums having remunerated the services performed by the distributor, a legal entity, despite the application of the status of branch manager to the benefit of the representative, a natural person, of the latter (SFR) , 27 May 2021, Concurrences N° 4-2021, Art. N° 103380, pp. 83-85

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