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

Until the reform brought by the Law of 25 June 1991, registration was a condition of application of the commercial agent's legal status. The non-registered agent did not enjoy the protection given by the Decree of 23 December 1958 . However, qualifications were given to that principle. The commercial agent's status had thus been applied to a foreign company whose registration was impossible becaus …

Public policy measures.

Until the reform brought by the Law of 25 June 1991, registration was a condition of application of the commercial agent's legal status. The non-registered agent did not enjoy the protection given by the Decree of 23 December 1958 . However, qualifications were given to that principle. The commercial agent's status had thus been applied to a foreign company whose registration was impossible because its head office and business were located abroad .

Since the Law of 25 June 1991, the registration with the commercial agent's register has merely been an administrative public policy measure . The Court of Justice has stated that the registration of the agent with a special register is not a condition of validity of the contract within the meaning of Directive No 86/653 of 18 December 1986 .

Cass. com., 21 November 1966; Cass. com., 13 November 1990, LawLex201000000521JBJ; CA Paris, 26 September 1997, LawLex200200005047JBJ: in the absence of registration with a special register, a representative cannot claim commercial agent status.

Cass. com., 19 November 1996, LawLex200200005617JBJ: the non-registration with the commercial agent's register cannot be relied upon as against an agent who exercises his activity abroad; 12 November 1997, LawLex200200005062JBJ: although before starting their activities, commercial agents must be registered with a special register kept at the registry of the commercial court within the jurisdiction of which they are domiciled, this rule does not apply to agents domiciled, […], outside the French territory.

CA Angers, 28 July 1998, LawLex200200006341JBJ: since the registration with the special register of commercial agents is identified as a mere business public policy measure, it cannot be a condition of application of the Law of 25 June 1991; Cass. com., 15 October 2002, LawLex200200006313JBJ: the non-registration with the special register does not constitute a serious misconduct in itself, since this formality is identified as a mere professional public policy measure; Cass. com., 21 June 2016, LawLex201600001161JBJ; CA Paris, 14 January 2021, LawLex202100000152JBJ; CA Rennes, 4 October 2022, LawLex202200008351JBJ; CA Lyon, 23 March 2023, LawLex202300004718JBJ; CA Colmar, 10 July 2024, LawLex202400005522JBJ.

Cases C-215/97 Bellone v Yokohama [1998] ECR I-2191, LawLex200900001235JBJ; C-456/98 Centrosteel [2000] ECR I-6007, LawLex200900000903JBJ: under Italian law, non-compliance with the legal requirement to be entered on the register of commercial agents and representatives no longer results in an international agency contract being invalid insofar as the national court, referred to of a dispute originating in facts that occurred subsequently to the expiry of the period for implementation of the directive, must interpret the provisions of national law in such a way that they might be applied in accordance with the EU objectives; C-485/01 Caprini [2003] ECR I-2371, LawLex200900000975JBJ: the European Directive on commercial agents does not preclude Member States from maintaining registers in which commercial agents must or may register where the non-registration does not compromise the validity of the contract or does not weaken the protection which the agents enjoy under the Directive with respect to the relationships with their principals. 

French Distribution Law

459. Public policy measures.

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

459. Public policy measures.

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise