Agent’s commissions and client fraud
30 September 2025
Agent’s Commercial Commissions and Client Fraud: If the parties to a contract must execute the obligations incumbent upon them in good faith, This is not
Agent’s Commercial Commissions and Client Fraud: If the parties to a contract must execute the obligations incumbent upon them in good faith, This is not
Rare are today the business sectors that have not evolved their way of distributing their products and services due to the exponential use of the
Within the exercise of its activity, the commercial agent, who, by virtue of their profession, is often very isolated, may be confronted with numerous issues
If online sales continue to grow, it is incumbent upon distributors utilizing sales agents and those agents themselves to fully understand the consequences of such
In order to distribute their insurance products, insurance companies frequently engage the services of insurance intermediaries (brokers, insurance agents, insurance brokers). These insurance intermediaries may
In the course of its professional activity, the commercial agent is inevitably confronted with numerous legal issues which may prove delicate to handle alone. These
In the course of its activity, the sales representative , which is often de facto very isolated, is likely to be faced with multiple questions
Due to the development of international trade, it frequently occurs that French commercial agents contract with foreign companies , and reciprocally. Due to the international
Service provider for clients, Independent sales representative is an intermediary between suppliers or producers and clients. European agency law, with Directive 86/653/EEC, has enabled to
When exercising its business activity, the sales representative, which is often isolated, may be confronted with a multitude of issues that it cannot always resolve
The breach of contract of an agent commercial is a crucial step in the professional life of this independent. This marks the termination of contractual
During the second half of 2024, the Court of Cassation rendered several significant decisions, notably concerning the termination of commercial agent contracts, both with respect
The sales representative, as defined by Article L134-1 of the Commercial Code, is an independent intermediary tasked with negotiating, and even concluding, contracts on behalf
The termination indemnity of a sales agent contract is the cornerstone of the sales agent status. Specialized for over twenty years in commercial agent law,
I.The right to compensation for termination of the commercial agent contract In the event of termination of his/her relations with his/her principal, the commercial agent
The judgments rendered in 2023 by the Court of Cassation continue to define the rights and obligations of commercial agents, particularly in matters of status,
Remuneration of the commercial agent The usual mode of remuneration of the commercial agent is remuneration on commission, i.e. remuneration which varies depending on the number
Modalities of the breach of the commercial agent contract Whether it is decided by the commercial agent or the principal, the breach of the commercial
As we have already had the opportunity to write on several occasions (see in particular our article of 17 October 2007…), the fact of not being
Article L 134-13 of the Commercial code set out the sole exceptions to the principle of the right to compensation for termination of contract of
On the occasion of an order rendered on 23 September 2014, the Court of Cassation came to specify that besides the conditions of validity set
The Commercial Agent cannot renounce his/her end-of-contract indemnity in advance. There is no doubt about it. However, during an order of 21 October 2014 (13-18370)
Since the law of 25 June 1991 (articles L 134-1 et seq. of the Commercial Code), the compensation for termination of the commercial agent contract must
Calculation of compensation for breach of the commercial agent contract: what rules? Article L 134-12 of the Commercial Code, like the directive of 18 December
A succession of contracts can be established business relationships. A termination clause of right does not preclude application of the provisions of Article L 442-6
In a court judgment of 5 September 2013, the Grenoble Court of Appeal confirmed that the provisions of article L 442-6 -I- 5 of the
According to a court judgment of 8 October 2013, the 3rd Civil Chamber of the French Supreme Court has recognized that a loss of opportunity
Pursuant to a decree dated 2 November 2010 relating to the special register of commercial agents, the registration formalities of commercial agents have been simplified.
In case of cross-border dispute within the European Union, in the absence of contractual provision, the rules concerning court jurisdiction in civil and commercial matters
On the occasion of a court decision dated 18 May 2010, the commercial chamber of the Suprem Court (Cour de cassation) upheld the rule pursuant
Article L134-1 Commercial agents are agents who, as independent professionals not linked by contracts for services, shall be permanently entrusted with negotiating and possibly concluding