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. 6. The provisions of this section apply to a fixed-term agency contract when it is converted into an indeterminate agency contract pursuant to Section 14, provided that the notice period is taken into account in the calculation of the notice period. On the occasion of a merger, Econocom, the client, and proposed by its commercial agent, SD Lease, the conclusion of a new agency contract modifying the basis and rate of its commissions – the rate of 6% of turnover is replaced by 9% of the gross margin – and includes a (…) Despite a relatively classic legal situation in the field of the commercial agency, a decision of the Court of Appeal of Lyon of 6 June 2019 is worth mentioning. The question is how to calculate the amount of compensation instead of a termination (Article L. 134-11 (…) 2. Notwithstanding paragraph 1, a Member State may provide that an agency contract is valid only if it is proven in writing. 3. A commercial clause applies no later than two years after the termination of the agency contract. A fixed-term agency contract, which will be sued by both parties after the expiry of that period, is considered an indeterminate agency contract. 1. For the purposes of this directive, an agreement limiting the activity of a sales agent after the termination of the agency contract is referred to below as the limitation of the trade clause. 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, (…) The salesperson must control the behaviour of his own salespeople. This is the main lesson that can be learned from the judgment under comment. Company N, whose objective is the marketing of dietary supplements, uses the exclusive services of company C as part of a commercial agency contract in 2006; (…) 1. If an agency contract is concluded for an indeterminate period, any party may terminate it without notice. The characterization of a contract as a commercial agency, the key to access to protection status under the 1991 Act, is the focus of our attention this month. In this case, a supplier and a distributor had entered into two contracts on the same day.