Our blog about
the french Commercial Agent law
Compensation for Termination of the Commercial Agent Contract
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
Commission of the commercial agent
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
The breach of the commercial agent contract
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
Article L 134-13 of the Commercial Code: our explanations
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
The clause of post-contractual non-competition stipulated in a commercial agent contract must be proportionate
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
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)
Period of claiming of compensation for breach of the commercial agent contract
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
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
Contractual termination clause and sudden termination of established business relationships
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
Sudden termination of established business relationships, contract subject to foreign law and victim in France
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
Registration of the commercial agent
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.
French commercial agent, foreign principal (Spanish) : competent court to claim compensation
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
Amount of the termination indemnity of the commercial agent agreement: impossible to determine in advance (new confirmation by case law)
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
FRENCH COMMERCIAL CODE ARTICLES GOVERNING COMMERCIAL AGENTS
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
