The contract with commercial agencies is definitely at the heart of this quarter`s case law. Qualification conditions and issues (see ECJ June 4, 2020 V. in advance: N.F.) should not obscure the importance of the issues that normally arise in the course of their execution. A decision of the Court of Justice (…) A commercial agency contract is a contract of common interest that is subject to a duty of bilateral loyalty (Com.C. art. L. 134-4). If the client does not comply with this obligation, he can attribute the violation initiated by the agent and, therefore, the (…) 1. If an agency contract is concluded for an indeterminate period, any party may terminate it without notice. 1. In the absence of agreement between the parties on this point and without prejudice to the application of the member states` mandatory provisions on the amount of remuneration, the commercial officer is generally entitled to the remuneration of the trade agents designated for the products subject to his agency contract, where he operates. In the absence of such a practice, a commercial agent is entitled to fair compensation, taking into account all aspects of the transaction.
it refers to the geographical area or category of customers and the geographical area entrusted to the sales agent, as well as the type of goods for which his agency is under contract. This directive does not affect the application of Member States` law which provides for the immediate termination of the agency contract: for the purposes of the application of Article 101, paragraph 1, the contract is qualified as an agency contract if the agent does not bear the law; or bear only insignificant risks associated with contracts entered into and/or negotiated on behalf of the contracting entity with respect to market-specific investments in this industry and other activities that the contracting entity is called upon to conduct in the same product market. However, risks associated with the provision of agency services in general, such as the risk that the representative`s income will depend on his or her success as an agent or general investments in premises or staff, are not essential to this assessment. Therefore, for the application of Article 101, paragraph 1, an agreement is generally considered an agency agreement where ownership of property purchased or sold is not the responsibility of the agent or when the representative does not himself provide the contractual services and the representative: the characterization of a contract as a commercial agency, the key to access to protection status under the 1991 Act, is the subject of our attention this month.