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Follow our news and in particular read and download the Firm Newsletters consisting of a selection on a regular basis of material and case law in economic law.

Publication in September 2018 of an article written by André Bricogne on the Village de la Justice website about the Court of Appeal of Paris’ decision dated 12 September 2018, n° n°15/15234 and entitled “Termination of a distribution contract: The injury assessment according to the legal basis of the claim” (village-justice.com, 20 September 2018).

The economic reconversion of the business partner victim of a contractual termination will be, or will not be, taken into account to assess the reparable damage according to whether the claim for damages is brought on a contractual or tortious basis.

https://www.village-justice.com/articles/rupture-contrat-distribution-evaluation-prejudice-fonction-fondement-juridique,29485.html

 

Publication in September 2018 of an article written by Xavier Henry in the legal Journal Dalloz Actualité Juridique Contrat entitled “Abusive clauses in commercial contracts: inventory of the situation ten years later” (Dalloz AJ Contrat – August-September 2018 – n° 8-9, p. 370).

The modernization of the economy law dated 4 August 2008 added in Article L. 442-6, I, 2 ° of the French Commercial Code a new case of responsibility prohibiting the fact of “submit or attempt to submit a trading partner obligations creating a significant imbalance in the rights and obligations of the parties “. The legislator thus wanted to extend to commercial contracts the prohibition of unfair clauses previously reserved for contracts between consumers and professionals. If Article L. 442-6, I, 2 ° does not constitute the revolution expected by some and dreaded by others, it nonetheless poses a general principle that simplifies the challenge of clauses not only by the weak party of the relationship but also by the Minister of the Economy. Ten years after its adoption, an inventory of case law is needed, the text having obviously raised questions that have not all received a clear answer.

Abusive clauses in commercial contracts – Inventory of the situation ten years later -Dalloz AJ Contrat – August-September 2018 – n° 8-9, p. 370.

 

Publication in September 2018 of an article written by our law firm on the Village de la Justice website about recent case law in economic law (Chronique sélective de la Jurisprudence rendue en droit économique, village-justice.com, 12 September 2018).

In particular, with regard to competition law, the European Commission has highly fined a search engine for abuse of dominant position and the Paris Court of Appeal has in general upheld the fines imposed by the French Competition Authority in the courier and parcels cartel . The Court of Appeal of Paris handed down various interesting decisions on the unfair (imbalanced) commercial clauses, on the disproportion of an advantage granted with regard to its value (subject rarely dealt with in case law), on the sudden termination of established relations, on unfair competition and parasitism. Regarding distribution law, Courts have been led to decide the validity of the pre-contractual information document imposed by Article L. 330-3 of the French Commercial Code, on certain contractual clauses such as purchase commitments or on the principles of calculation of the compensation due to the commercial agent in case of termination of his contract. Finally, regarding consumer law, the French Supreme Court (Cour de cassation) ruled on the legal guarantee of conformity.

http://www.village-justice.com/articles/chronique-selective-jurisprudence-rendue-droit-economique-mai-juillet-2018,29407.html

Publication in July 2018 of an article by Xavier Henry in the Quarterly Review of Commercial Law and Economic Law (RTDCom), Editions Dalloz, entitled “The ill-established case-law principles of Article L. 442-6, I, 5 ° of the commercial code ” (RTDCom, April-June 2018, p. 523).

If the merits of Article L. 442-6, I, 5 ° of the French Commercial Code which requires, before terminating an established commercial relationship, to give written notice to the co-contracting party, are not disputed, its application makes debate. The Commercial Chamber of the French Supreme Court (Cour de cassation) has made this text a special category of civil liability, asserting in particular its tort nature although the parties were bound by one or more contracts (written or not). Above all, it created a new principle in French law: compensation without proof of harm. The case law is often disconcerting, which increases the legal uncertainty for companies which have to deal with new rules that it was hardly possible to anticipate such as the questioning of the resolutive clauses. However, an application of well-known legal principles would not diminish the effectiveness of the text and would provide greater legal certainty.

The ill-established case-law principles of Article L 442-6 I 5 ° of the Commercial Code – Xavier Henry – Dalloz RTDCom April-June 2018 p. 523

 

Our law firm is once again listed in 2018 in Best Law Firm ranking established by Décideurs Magazine in Antitrust and Anti-Competitive Practices as well as Distribution Law and Restrictive Practices. 

Legal article written by Xavier Henry published in the legal journal Les Petites Affiches dated April 6, 2018 entitled “Business relationships : to be established or not to be” (LPA 6 April 2018, n° 70, article n° 134h3, p. 9).

It presents thoughts about what are or should be “established” business relationships under Article L. 442-6, I, 5° of the French Commercial Code which prohibits abrupt termination of established business relationships.

Les Petites Affiches – “Business relationships – to be established or not to be” (LPA 6 avril 2018 n° 70, article n° 134h3, p. 9)

Legal article written by our law firm published in the legal journal Dalloz Actualité Juridique Contrat of February 2018: “Motor vehicles and motorcycles contract: review of jurisprudence of the year 2017” (Dallloz AJ Contrat, February 2018, n° 2, p. 70).

Automotive distribution, given its economic dimension in France and uses or habits resulting from successive specific exemption regulations, generates  numerous and sometimes specific cases. 2017 did not depart from this rule. Whether it is the selection of distributors, the performance of contracts or their termination, 2017 knew very interesting  judgments. Motorcycles distribution, even if  litigation is lower, completes this panorama of case law.

Dalloz Actualité Juridique Contrat of February 2018 – Motor vehicles and motorcycles contract, review of jurisprudence of the year 2017

Lettre H n° 2 – April / June 2017 – Newsletter of our law firm 

This newsletter presents a selection of the case law in economic law between April and June 2017. Download the PDF

 

Our law firm is listed in the 2017 Best Law Firm ranking established by Décideurs Magazine in Antitrust and Anti-Competitive Practices as well as Distribution Law and Restrictive Practices.

homman ludiye et henry - cabinet d'avocats - DECIDEURS Magazine homman ludiye henry (avocats h) - DECIDEURS Magazine 2

 

Lettre H n° 1 – January / march 2017 – Newsletter of our law firm

This newsletter presents a selection of the case law in economic law between January and March 2017. Download here (French)