Commercial agents : The French Supreme Court sets aside the Paris Court of Appeals for having qualified an intermediary authorized to grant "gifts" to clients representing a financial advantage as commercial agent (Covidien)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 20 Jan. 2015, Covidien, No. 13-24.231 Could it not be considered that the person who - prior to any discussion of the terms of the contract - discusses with the prospect the very principle of the conclusion of the contract and has "levers" such as the offer of benefits in kind at his disposal for this purpose? Litigation over the classification as a commercial agency (which most often arises at the stage of litigation over the termination of the relationship, hence the interest in having anticipated the issues of classification) develops mainly around the question of the existence or, on the contrary, the absence of the power to negotiate