European Agency Agreement

For the purposes of the application of Article 101(1), a contract is therefore generally considered to be a commercial agent contract in which the ownership of the goods bought or sold does not belong to the intermediary or if the intermediary does not himself provide the contractual services and if the representative: in a decision of 18 July 2018, the Paris Court of Appeal recalls the stakes and consequences of the breach of the commercial agent contract. Their solution deserves to be reported because it offers an overview of the fundamental issues in this area. After the reminder of the (...) and/or which did not allow the commercial agent to make profitable, on the advice of the contracting authority, the costs and expenses it incurred for the execution of the agency contract. 1. For the purposes of this Directive, an agreement which restricts the activities of a commercial agent after the termination of the commercial agent contract is hereinafter referred to as a commercial restriction clause. The qualification of a commercial agency contract, the key to access to the protection status deriving from the 1991 law, is the subject of our attention this month. In this case, a supplier and a sales intermediary had concluded two contracts on the same day. The first, an advertisement (...) The need to qualify a treaty as a so-called commercial agent may arise in an international context, a situation that raises not only the question of the application of the qualification criteria, but also, perhaps more delicately, the question of their identification. a contract which is justified ... if the commercial agent has terminated the commercial agent contract, unless such termination is justified by circumstances attributable to the contracting authority or by the age, infirmity or illness of the commercial agent which do not reasonably allow him to continue his activities; 1. .

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