LexInter | October 14, 2003 | 0 Comments

TERMINATION OF THE COMMERCIAL AGENT CONTRACT

FRENCH REPUBLIC
IN THE NAME OF THE FRENCH PEOPLE

IN THE NAME OF THE FRENCH PEOPLE

THE COURT OF CASSATION, COMMERCIAL, FINANCIAL AND ECONOMIC CHAMBER, delivered the following judgment:

 

Whereas, according to the judgment referred (Paris, July 5, 2001), that, by a fixed-term contract of September 28, 1988, regularly renewed, the company Groupe Lana consented to the American company Labro Guidetti to market the products of the Papeterie Lana company in the United States of America as well as the authorization to distribute them through its network in the federal states defined in the contract; that the company Groupe Lana sold all the shares it held in the company Papeterie Lana to the company Aussedat Rey, which became International Paper; whereas the latter notified its intention to terminate the contract by letter of 12 December 1995;

On the first plea:

Whereas the company International Paper requests the cassation of the judgment referred by way of consequence of that of the judgment of May 14, 1999;

But expected that the appeal n ° J 99-16.711 having been the subject of a decision of non-admission n ° 10031 of January 14, 2003, the plea can only be rejected;

On the second plea:

Whereas the company International Paper accuses the judgment of having ordered it to pay to the company Labro Guidetti a certain sum in compensation for the damage suffered as a result of the breach of the commercial agent’s contract, then, according to the means, that the loss of customers of the commercial agent is the lost profit for the future on the commissions to be collected on the sales made to said customers; that thus, since it had itself noted that after the expiry of the term of the commercial agent contract, the customers were acquired without compensation to the company International Paper – which excluded any damage – and that it had also repaired the loss of commissions suffered with regard to customers until the end of the contract, the court of

But given that the judgment holds precisely that, according to article 12 of the law of June 25, 1991, now article L. 134-12 of the Commercial code, the termination of the contract of commercial agent, even with duration determined, gives the right to compensation for the damage resulting from the loss for the future of the income derived from the operation of the common clientele, while the early nature of this cessation gives the right to compensation for the damage resulting from the loss of commissions up to on the agreed date; that thus, the court of appeal justified its decision; that the plea is unfounded;

And on the third means, taken in its four branches:

Whereas the International Paper company accuses the judgment of having ordered it to pay a certain sum to the Labro Guidetti company in compensation for the damage suffered as a result of the breach of the “commission” contract and invokes in support of its appeal a reversal of the burden of proof of the damage and a lack of legal basis with regard to articles L. 134-12 of the Commercial Code and 1147 of the Civil Code, an insufficiency of reasons and a lack of legal basis with regard to the same texts;

But whereas the means, which tends only to call into question the sovereign power of assessment of the damage, is unfounded;

FOR THESE REASONS :

DISMISSES the appeal;

Orders the International Paper company to pay the costs;

Considering article 700 of the new Code of Civil Procedure, condemns it to pay to the company Labro Guidetti the sum of 1,800 euros;

Thus done and judged by the Court of Cassation, Commercial, Financial and Economic Chamber, and pronounced by the President in his public hearing on April 23, two thousand and three.

 

 

 


Publication: Bulletin 2003 IV N ° 55 p. 65

Contested decision: Paris Court of Appeal, 2001-07-05

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image