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

Regardless of whether it is instigated by the employer's or the sales representative, the termination of the open-ended contract must be preceded by a notice period, except in cases of force majeure or serious misconduct. The duration is set at one month in the first year, two months for the second year and three months thereafter (Labor Code, Article L. 7313-9; ANI, Article 12). The duration of the notice period is increased by the usual duration of the return trip where the sales representative hired outside of France must return due to the termination (Labor Code, Article L. 7313-10).

Compensation in lieu of notice is owed to the sales representative where it is not established that the contract expressly provided for a trial period . On the other hand, where the termination takes place before the end of the agreed trial period, no compensation is owed .

Cass. soc., 17 January 1996, LawLex200200004572JBJ.

Cass. soc., 11 June 2003, LawLex200300002466JBJ.

586. Notice period.