Commercial agency: The Court of Appeal of Bordeaux considers that the absorption of the commercial agent by merger not authorized by the principal constitutes an irregular assignment of contract, authorizing the principal to terminate the contract without notice or compensation (Oenophil / Maison Ginestet)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts. A commercial agency contract was concluded in 2007 for the distribution of wines and spirits, between a principal and a legal entity agent (EURL whose sole partner was the manager, named Oenophil and registered with the RCS of Bayonne). The contract expressly states its intuitu personae nature and consequently requires the prior written approval of the beneficiary of a transfer of the contract, for which the principal has a two-month period. The contract adds that its transfer in disregard of these requirements is a serious fault. Wishing to transfer the contract to a third party, the agent presented the latter to the principal without, obviously,

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.