ALERTS: DISTRIBUTION - SALES AGENCY - INTERPRETATION - CRiTERES - NEGOTIATION - CONCLUSION
Commercial agency: The Paris Court of Appeal links the power to negotiate with the power to bind the principal, thereby excessively restricting the criteria for negotiation and conclusion that the Directive and Article L.134-1 C. com. distinguish (Medtronic)
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The application of the protective status of commercial agents presupposes that the contractual relationship between the principal and the agent meets the qualification criteria set out in Article L.134-1, paragraph 1 of the Commercial Code. This text, resulting from the transposition of Article 1 of the Community Directive n°86/653/EC of 18 December 1986, provides that " a commercial agent is an agent who, as an independent profession, without being bound by a contract for the hire of services, is responsible, on a permanent basis, for negotiating and, where appropriate, concluding contracts for
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