Author Archives: Henry & Bricogne

Should a commercial agent’s serious misconduct be included in the letter terminating the contract?

Serious misconduct on the part of the commercial agent deprives him of any compensation in the event of termination of the contract by the principal. However, can the principal invoke a posteriori a serious fault not indicated in the letter terminating the contract? The French Supreme Court has recently modified its position on this subject. Explanations in an article by our law firm published on January 5, 2023 by the actionco.fr website.

https://www.actionco.fr/Thematique/rh-1217/Breves/Une-faute-grave-reprochee-a-un-agent-commercial-doit-elle-377753.htm

___________________________________________________________________

Telephone canvassing: strict rules to be respected

Telephone canvassing by a professional to a consumer is highly regulated. A government regulation of 13 October 2022 further strengthens the obligations of professionals in this area. Review of these rules in an article by our law firm published by the website beaboss.fr on 25 November 2022.

https://www.beaboss.fr/Thematique/juridique-1055/droit-affaires-2331/Breves/Les-regles-a-respecter-pour-le-demarchage-telephonique-376654.htm

___________________________________________________________________

Geoblocking: a tempting but forbidden practice

Some websites are not always accessible to all Internet users because of their geographical location or their nationality. However, in the European Union as well as in France, this practice called “geoblocking” is forbidden. Examination of this prohibition through an article of our law firm published by the site beaboss.fr on October 4, 2022.

https://www.beaboss.fr/Thematique/juridique-1055/droit-affaires-2331/Breves/Geoblocking-pratique-tentante-mais-interdite-375440.htm

___________________________________________________________________

Late payment of invoices can be costly

The French Commercial Code requires companies to comply with strict deadlines for paying their invoices. In the event of late payment, companies are not only liable to pay substantial interests on late payments but also to pay an administrative fine with a high maximum limit. On 31 August 2022, the website beaboss.fr published an article by our firm on this topic.

https://www.beaboss.fr/Thematique/juridique-1055/Breves/Payer-ses-factures-avec-retard-peut-couter-cher-374398.htm

___________________________________________________________________

What is “confusion” and why does it constitute unfair competition?

Is it permissible to make a very imperfect copy of a successful product, without copying the trademark or infringing a patent? Is it a matter of freedom, of commercial skill? Where is the line that should not be crossed? What are the consequences if the limits of unfair competition are crossed? Answers in an article by our firm published by the website beaboss.fr on 24 June 2022.

https://www.beaboss.fr/Thematique/juridique-1055/droit-affaires-2331/Breves/Qu-est-ce-que-la-confusion-et-pourquoi-est-elle-373216.htm

___________________________________________________________________

As in previous years, André Bricogne and Xavier Henry will be speaking at Campus Paris 2022 (training course for lawyers) on 7 July 2022 from 2:30 pm to 4:30 pm on the topic “Unbalanced clauses in commercial contracts (Article L. 442-1, I, 2° of the Commercial Code)”. This year again, Campus is digital and face-to-face at La Maison de la Chimie in Paris (75007). Registration is open.

https://www.avocatcampus.org/calendrier.htm

___________________________________________________________________