The participation of subordinates in the distribution
Participation of intermediaries in distribution
The commercial concession contract is a contract by which a trader, called a concessionaire, who buys and resells the products, ensures the distribution for the grantor .
It may have an exclusivity clause on a territory which may itself be reciprocal.
In matters of concession, the jurisdiction under article 5-1 ° of the Brussels Convention may be that of the court where the obligation which serves as the basis for the request has been or must be performed. This is determined in accordance with the law which governs the execution report, jurisdiction being thus determined on the basis of the conflict of laws rule. In terms of concessions, this place is the place where the concessionaire carries out its activity (Cass. Civ. 1st, 8 Feb. 2000, Société William Grant & Sons International and a. C / company Marie Brizard and Roger International, Petites Affiches, 29 Nov . 2000, p. 14)
In the event of termination of a commercial agency contract by the principal, the agent is entitled to compensation intended to compensate for his loss, unless the termination is justified by serious misconduct on his part (C.com. Art. L 134-12 and L 134-13). Any clause restricting this right is deemed unwritten (C.com. Art.L 134-16).
Failure by the agent to achieve its business objectives does not necessarily constitute serious misconduct; it must be assessed by the judge, as the parties cannot validly define its elements in the contract (CA Versailles September 15, 2000; Bertrain c / Sarl Faber Castell AW, BRDA 15 Nov 2000, p. 7)
CONCESSIONARY CONCESSION AGREEMENT
The participation of resellers in the distribution
exclusive distribution agreements
the selective distribution
purchasing and referral centers
Regulation of commercial transactions