At the commercial agent`s request, the sub-district court may rescind all or part of the non-competition clause at a time when the clause disproportionately affects the commercial agent with respect to the interest to be protected by the client. In a number of specific cases, the client cannot deduct rights from a non-competition clause, for example. B if the statutory deadline for termination was not met at the time of termination of the agency contract, or if the termination is due to an urgent reason attributable to the client. From the point of view of the contracting authority, it is therefore desirable to include an appropriate non-competition clause in the agency contract. If you (as a sales agent or principal) would like to help you establish and negotiate an applicable and legally binding agency contract, or in the event of a dispute or termination of an agency contract, please contact us. It is important to define, in agency contracts, in which situations and under what conditions the commission should be paid. The parties are free to agree on the amount of the commission. The development of a clause in an agency agreement on the right to payment of goodwill is therefore tailor-made and deserves special attention, since both the legal provisions and the rules that arise from the case law must be taken into account. Art considers the status of commercial agents to be a touchstone. L. 134-12, first paragraph, of the French Code of Commerce: “In the event of a cessation of relations with the client, the commercial agent is entitled to compensatory compensation to compensate for the damage suffered.” By (…) The case concerned a former Renault agent and his lawyer, who himself succeeded a subsidiary of Renault.
Indeed, in 2009, Renault had sold a subsidiary to an independent dealer who had kept Renault`s agents, Renault and Dacia agents in the contractual territory since 1980. The new (…) The trade agency system under Articles L. 134-1 and following of the EC Treaty implements the provisions of Directive 86/653/EEC of 18 December 1986 relating to the coordination of Member States` laws relating to independent trade agents. Article 17, paragraph 3, of the directive, (…) In addition, Europe has a directive (Directive 86/653/EEC) which aims to harmonize the individual laws of Member States with regard to trade agency contracts. This directive is of great importance for all agency contracts within the European Union. The directive contains binding provisions for all activities taking place on European territory. The application of US law to an agreement between a European agent and an American client would destroy the European Commission`s protection structure. To avoid this, the Court of Justice decided to give effect to the directive. A European agent can therefore invoke European law at any time if the Agency`s treaty has adopted a non-European law.
Given its seniority and the plethora of litigation it generates, the status of commercial agents is the subject of today`s classic solutions that judges must remember regularly. Nevertheless, it is the seat of difficulties, whether recurrent or new, which are not always (…) Transparency and loyalty are the characteristics of the relationship between the client and the sales agent.