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

Article L. 134-5 of the Commercial Code defines commission as “any element of the remuneration which varies according to the number or value of the deals”. An agency contract may provide for conditions of additional remuneration without that qualification being challenged. However, only the commission is governed by the provisions of the Commercial Code.
Generally, the contract sets forth the term …

Commission.

Article L. 134-5 of the Commercial Code defines commission as “any element of the remuneration which varies according to the number or value of the deals”. An agency contract may provide for conditions of additional remuneration without that qualification being challenged. However, only the commission is governed by the provisions of the Commercial Code.

Generally, the contract sets forth the terms and conditions of the remuneration of the agent . Where the contract is silent, Article L. 134-5 of the Commercial Code states that the agent is entitled “to a remuneration in accordance with the usual practice in the sector of activity covered by its mandate and in it carries out its activity” or, in the absence of standard practices, “to a reasonable remuneration which takes account of all the elements involved in the operation”. The validity of the agency contract cannot be challenged on the grounds that the agent's remuneration has not been stipulated. In effect, the general law on mandates allows the court to set the representative's remuneration having regard to the work carried out, the service provided and usual practices .

Pursuant to Article L. 134-9 of the Commercial Code, “the commission shall be acquired as soon as the principal has carried out the transaction or should have carried this out under the agreement concluded with the third party or as soon as the third party has carried out the transaction”. The commercial agent benefits from a recovery right ("droit de suite") which enables him to receive a remuneration for all transactions concluded in the geographic sector for which canvassing and negotiation is entrusted to him (Commercial Code, Article L. 134-6).

Cass. com., 13 November 1990, LawLex201000000521JBJ: "remuneration […] is governed by the law of the parties".

Regarding fees owed to an art appraiser, Cass. 1re civ., 16 June 1998.

French Distribution Law

478. Commission.

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Les décisions de justice citées dans ce paragraphe :

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Les notions juridiques connexes

478. Commission.

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

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