This book provides a wide-ranging review of the European rules relating to distribution: exclusive purchase and exclusive supply, exclusive and selective distribution, motor vehicle distribution, franchises, commercial agents.

French Distribution Law

Agents domiciled outside the French territory are not subject to the obligation to register with a special register . In effect, Article R. 134-6 of the Commercial Code states that agents domiciled abroad who do not have an establishment in France and carry out their business on the French territory only temporarily and on an exceptional basis, are not subject to the duty to register.
The fate cur …

Agents established outside France.

Agents domiciled outside the French territory are not subject to the obligation to register with a special register . In effect, Article R. 134-6 of the Commercial Code states that agents domiciled abroad who do not have an establishment in France and carry out their business on the French territory only temporarily and on an exceptional basis, are not subject to the duty to register.

The fate currently reserved for commercial agents, whether French or not, linked to a French principal but carrying out their business abroad is the result of continuous evolution.

For a long period, the courts refused to regard them as commercial agents like agents operating on the national territory, where they had not been registered . In respect of those persons, the system was absurd insofar as those agents mostly resided outside the French territory and could not register within it.

Then, it was decided that the agent placed in such a situation could enjoy the provisions of the Decree of 23 December 1958 as regards its relationships with the principal, in accordance with the provisions of the contract. The mere reference to the applicable law would therefore trigger the application of the protective status, independently of any formality . Parties to an international commercial agent contract could choose to have their relationship governed by French law despite the non-registration in France of the commercial agent .

The Court of Cassation has completed the process of recognition of agents active outside France or domiciled outside the French territory by considering that the non-registration with the commercial agent's special register cannot be relied upon as against an agent who exercises its activity abroad, even if the compensation, which it claims, has not been provided for in the contract .

Non-registration with a special register may no longer be relied upon as against them even if the provisions of the Commercial Code are not mentioned in their contract. Thus, an agent who had been entrusted tasks in Germany may claim compensation for abusive termination of his contract, “irrespective of whether [it] has not been provided for in the contract”. Although the decision was rendered under the Decree of 23 December 1958, it is in line with the Law of 1991 which has kept the registration requirement for information purposes only. Non-registration with the special register may no longer be relied upon as against a commercial agent who has his head office and business abroad . It is of no importance whether the contract provides for the compensation being claimed since it must be granted due the status as a commercial agent .

Cass. com., 12 November 1997, LawLex200200005062JBJ.

CA Lyon, 26 February 1993, LawLex200200005981JBJ: a commercial agent, even if he exercises his business abroad, cannot claim any compensation for termination where he is not registered with the special register of commercial agents.

Cass. com., 9 October 1990, LawLex200200005800JBJ: an agent who has his head office and business abroad may benefit from the laws and regulations applicable to commercial agents and the non-registration with the registry of the commercial court within which he is domiciled may be relied upon as against him.

CA Colmar, 9 September 1988, LawLex200200005728JBJ.

Cass. com., 19 November 1996, LawLex200200005617JBJ.

CA Paris, 14 May 1999, LawLex200200005213JBJ: a commercial agent established abroad and exercising his business there does not have to justify a registration with a special register; 15 December 1995, LawLex200200005517JBJ.

Cass. com., 19 November 1996, LawLex200200005617JBJ: the non-registration with the special register of commercial agents cannot be relied upon as against an agent who carries out his business abroad, irrespective of whether the compensation he claims has not been provided for in the contract. See also CA Paris, 14 May 1999, LawLex200200005213JBJ: a commercial agent established abroad and carrying out his business there does not have to justify a registration with a special register.

French Distribution Law

460. Agents established outside France.

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Les décisions de justice citées dans ce paragraphe :

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460. Agents established outside France.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise