January 7, 2019. The DGCCRF (French Directorate General for Competition, Consumer Affairs and Prevention of Fraud) submits to professionals for opinion the proposed changes of the Commercial Code regarding in particular invoicing and single agreement (“convention unique”).
These amendments will then be subject to legal provisions in accordance with the EGALIM Act of October 30, 2018.
The DGCCRF has prepared a document showing the modified provisions with its comments. Essentially:
- With regard to invoicing: the invoice must be issued as soon as the delivery and no longer upon the completion of the sale.
- as regards the single agreement, different cases are envisaged depending on whether or not the agreement concerns consumer products (“produits de grande consommation”) which are defined by the DGCCRF in its comments. When it does not cover such products, the conditions are less restrictive. There is no longer a deadline for concluding it because it is up to the parties to determine this date (the date of March 1, however, is maintained for single agreements concerning wholesalers). In the case of consumer products, the proposed amendments are more rigid ( forecast turnover, imperative date of conclusion which is no longer however necessarily that of March 1, no possibility for derogations, …).
- Article L. 442-6 of the Commercial Code (significant imbalance, sudden termination of commercial relations, etc.) is not concerned and will be subject to subsequent proposals.
Comments must be sent by 21 January 2019 at the latest. The bill will be submitted to the Conseil d’Etat (State Council) at the end of February 2019.