ALERT : DISTRIBUTION – COMMERCIAL AGENCY – AGENCY AGREEMENTS
Commercial agent: The Paris Court of Appeal considers that a commercial agent is someone whose mission is to develop the principal’s clientele, a mission which can be ensured by means of information, advice and discussion actions, without requiring the ability to modify the contractual terms ( STS / Zinio)
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Facts. A company, providing digital press publishing services to magazine publishers, had entrusted a distributor with "representation, prospecting and development" assignments under successive contracts since 2008. In 2016, the parties entered into a new contract, entitled "commercial agent contract", which made extensive reference to this qualification as well as to the legal and regulatory provisions governing commercial agents and expired on December 31, 2017. The principal having refused to renew the contract, the distributor put him on notice to pay two years of commissions calculated on the basis of the average commissions received during the last three
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