In its June issue 2019, the Revue de Jurisprudence de Droit des Affaires (RJDA) publishes a legal article written by Xavier Henry entitled “price control by the judge based on the prohibition of submission to a significant imbalance between the parties: Much ado about nothing ?”
On November 30, 2018, the French Constitutional Council (Conseil constitutionnel) declared that the interpretation of the French Supreme Court (Cour de Cassation) regarding Article L. 442-6, I, 2° (now Article L. 442-1, 2°) of the French Commercial Code that the judge is entitled to control the price agreed by the parties was in accordance with the French Constitution. If this control does not appear so surprising since it is not new under French law, its implementation seems delicate so that the judicial challenge of the price should be exceptional. Moreover, if the Order dated 24 April 2019, which amends ex-article L 442-6, I-2°, will not be of any help on the implementation of the control issue, it could nevertheless broaden the judge’s right to control the price.
Contrôle du prix par le juge – beaucoup de bruit pour rien – RJDA 06 19 p. 523