Author Archives: Henry & Bricogne

Sale with a bonus to a consumer: it is possible.

The method of a professional attaching a bonus to a sale to a consumer in order to encourage him to make a purchase is not prohibited. However, this freedom is not total. Examination of the conditions of validity of this sales method in an article of our firm published on April 19, 2022 by the website commerce.fr.

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Henry & Bricogne law firm has once again been ranked among the best lawyers in commercial, business and competition law and in consumer law by the magazine Le Point.

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Awards ceremony for the Palmarès du Droit organised by Le Monde du Droit on 29 March 2022 at the Grand Hôtel Intercontinental Opéra in Paris: our firm received four awards.

In the category “Firms with less than 30 lawyers”, HENRY & BRICOGNE is awarded:

  • in first position (gold) in distribution law and consumer law.
  • in second position (silver) in competition law and commercial law and commercial contracts.

In 2022, our firm receives one more award than in 2021 and is better ranked in Competition Law and Consumer Law than the previous year.

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Can the termination of a commercial contract with sufficient notice be abusive?

It is a matter of contractual freedom that a party to a commercial contract may not renew it on its expiry date or may terminate it provided that sufficient notice is given. Can a termination that is respectful of the due date or with sufficient notice be abusive? Examination of this question in an article of our firm published by the website decision-achats.fr on March 22, 2022.

https://www.decision-achats.fr/Thematique/strategie-achats-1236/juridique-2265/Breves/La-resiliation-d-un-contrat-commercial-avec-un-preavis-suffisant-370552.htm

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In which cases can the judge control or modify the price in commercial contracts?

For a long time, once a contract has been concluded, the judge could not, at the request of one of the parties, review or modify the agreed price. This principle is no longer so absolute, even if the control or modification of the price by the judge remain exceptional. Back to this issue through an article of our firm published by the website daf-mag.fr on February 24, 2022.

https://www.daf-mag.fr/Thematique/reglementation-1243/droit-affaires-2117/Breves/Dans-quels-cas-juge-peut-controler-modifier-prix-contrats-commerciaux-369854.htm

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Intervention by the supplier on the prices charged by its resellers: a very limited right

A supplier who distributes his products to resellers cannot require them to charge a fixed or minimum resale price. However, he can advise them on a resale price or can set a maximum price. Explanations in an article by our firm published on 27 January 2022 by the website beaboss.fr

https://www.beaboss.fr/thematique/juridique-1055/breves/intervention-fournisseur-prix-pratiques-ses-revendeurs-droit-tres-limite-369107.htm

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Consumer contract: some clauses are prohibited

French law protects the consumer in his relationship with a professional. In particular, a contract must not include any clauses considered as unfair. Reminder of the rules on unfair clauses in French consumer law, according to an article by our firm published by the website beaboss.fr on 3 January 2022.

https://www.beaboss.fr/thematique/gestion-finance-1025/gestion-2036/breves/contrat-consommateur-certaines-clauses-sont-interdites-367935.htm

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