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Commercial agency


Published on June 15th 2015
LOSS OF STATUS (AND COMPENSATORY CLAIM) OF THE COMMERCIAL AGENT DUE TO THE LACK OF POWER TO NEGOCIATE CONTRACTS WITH CLIENTS
Com. Dec 9th, 2014, no. 13-22.476 and Jan 20th, 2015, no. 13-24.231
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Prof. Dr. Jochen Bauerreis
Avocat & Rechtsanwalt
Partner
International & German and French law

Sofie Früh
Rechtsanwältin

Two judgements of the Commercial Division of the French Supreme Court (Cour de Cassation) dating from December 9th, 2014 and January 20th, 2015 reaffirm that in French law, the actual power to negotiate the content of contracts with clients is essential to the commercial agent’s status.
It is however interesting to note that this condition of effective negotiating power is not required everywhere in foreign legislation (like for example in Germany).