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 (…) There are three types of financial or commercial risks essential to the definition of an agency agreement for the purposes of Article 101, paragraph 1. First, there are contract-specific risks that are directly related to contracts entered into and/or negotiated by the representative on behalf of the client, such as equity financing.B. Second, there are the risks associated with market-related investments. These are investments that are necessary specifically for the type of activity for which the contracting authority has appointed the agent, that is, which are necessary to enable the agent to enter into and/or negotiate this type of contract. Such investments are usually sewn, which means that the investment cannot be used or sold for other activities, except with a significant loss, after leaving this field of activity. Third, there are the risks associated with other activities in the same product market, to the extent that the contracting entity requires the agent to engage in such activities, not as an agent on behalf of the client, but for his or her own risk. The contract for a valid consideration entitles the compensation officer; The common interest contract results in compensation to the sales agent if his relationship with the client ceases.
The agent is provided with these two aspects of the status of (…) b) the information necessary for the application of the agency contract. In addition to the instructions given to the agent for the execution of his mandate, the awarding entity must also provide him with the information necessary to apply these instructions. In this context, we also refer to the provisions of Article 2081 of the new Civil Code, including the situation in which the agent negotiates the conclusion of a contract, but does not receive in a timely manner the acceptance of the principal for the conclusion of the negotiated contract. In this case, the law assumes that the client has waived the conclusion of the contract in question if he does not disclose his acceptance within a reasonable time. Since the law does not define the term “reasonable,” there may be several disputes in which the role of uses as legal sources should be emphasized. The agencies created by the agreement – the agreement – are not necessarily contractual. It is not uncommon for one person to act as an agent for another. For example, Abe asks Byron to do some shopping for him: buy some wood from his account in the local wood yard.
Such a free agency does not produce any results other than the more frequent contract agency. 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; (…) An agency relationship can be broken in different ways. On 27 October 2020, the Competition Authority adopted a decision 20-D-15 rejecting as insufficiently justified the dismissal of the travel agency Travel Planet France, which specialises in business travel and is approved by IATA. A contract is not entitled or not if one of the parties is unable to enter into a contract.