ALERTS: DISTRIBUTION - COMMERCIAL AGENCY – AGENCY AGREEMENTS
Change of control: The Paris Court of Appeal requires the commercial agent to inform his principal of his own takeover (Alembal / Leipa)
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Transparency and loyalty are the hallmarks of the relationship between the principal and the commercial agent. At least this is how the regulation of the agency contract conceives things, as Article L. 134-4, paragraph 2, of the Commercial Code states that "the relationship between the commercial agent and the principal is governed by an obligation of loyalty and a reciprocal duty of information". The reality of the relationship between the parties to this contract of common interest by determination of the law (Com. C., art. L. 134-4, para. 1) is sometimes quite different, as the judgment under comment illustrates.
The facts of the case are particularly
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