Enrolment with the RSAC and a written contract are not necessary to be a commercial agent: an abrupt reminder!

As we have already had the opportunity to write on several occasions (see in particular our article of 17 October 2007…), the fact of not being enrolled in the Special Register of commercial agents does not prevent claiming the status of commercial agent.

Likewise, a written contract has never been required to be a commercial agent (see article L 134-2 of the Commercial Code).

During an order of 21 June 2016 (appeal no. 14-26.938) that we bring to your knowledge as a reminder, the Court of Cassation once more recalled these two principles that the Supreme Court had already endorsed during previous orders.

In short, the Court of Cassation therefore confirms a well-established solution. So much the better! It is astonishing, nevertheless, that the Court of Cassation still had to do it relatively to such issues however obvious in commercial agent law.


FOUSSAT AVOCATS: our expertise at your service

Specialised in commercial agent law and managing over a long time the issues linked to the breach of commercial agent contract, FOUSSAT AVOCATS advices and assists its clients throughout the life of their commercial agent contracts, including in the event of international contracts, as well as concerning their conclusion, execution and cessation.

We are therefore at your disposal for any additional information that you may wish.

FOUSSAT AVOCATS, Paris Marseilles Brussels

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