Author Archives: Henry & Bricogne

Autoactu.com comments the decision of the Paris Court of Appeal dated 23 January 2019 which confirms the car manufacturer’s right to refuse to contract opposed to a authorized repairer candidate. The car manufacturer was represented by our firm.

http://www.autoactu.com/reparateur-agree—la-cour-d-appel-de-paris-valide-un-refus-d-agrement–sous-condition-.shtml

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31 January 2019. Law Awards ceremony organized by Décideurs Magazine: our firm received an Award in the rising team antitrust category.

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Selective distribution: validity of a refusal to contract opposed by a car manufacturer to a former repairer (Paris Court of Appeal, January 23, 2019, n ° 16/16856).

By a judgment of 23 January 2019, the Paris Court of Appeal ruled that a car manufacturer represented by our firm was entitled to refuse to contract with a former repairer whose contract had been terminated with a two years’ notice since the refusal to contract did not have an anti-competitive object or effect.

The former repairer argued that because he fulfilled the qualitative standards of selection, he had to be approved again. This argument is rejected. The car manufacturer does not infringe the competition rules by not contracting with him. The manufacturer simply did not want to renew a partnership which did not satisfy him. The Court adds that, regarding competition on the car aftermarket, refusing to contract with a repairer candidate cannot have an effect on the market.

The car manufacturer has therefore not committed any anti-competitive practice.

It must therefore be understood from this judgment that a manufacturer may not have to contract again with a former repairer whose contract was terminated with a two years’ notice even if he fulfills the qualitative standards of selection (Arrêt Mazda CA Paris 19.01.23).

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January 16, 2019. Publication on the Justice Village website of a legal article written by Xavier Henry entitled “Franchise contract: pre-contractual information is still in the case law events”.

Although the provisions relating to the pre-contractual information that must be provided before signing a franchise contract in particular are not recent since they derive from the Act n° 89-1008 dated 31 December 1989 known as ” Doubin Act “and decree n° 91-337 dated 4 April 1991, they continue to generate plentiful case law.

https://www.village-justice.com/articles/contrat-franchise-information-precontractuelle-fait-toujours-actualite,30431.html

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Our firm is distinguished as the rising team in the antitrust category by Décideurs magazine and will receive this distinction at the Law Awards ceremony on January 31, 2019.

We would like to thank all our clients for their trust because of course this distinction is in large part due to them.

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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.

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Publication in October 2018 of a legal article written by André Bricogne on the Village de la Justice website about the Court of Appeal of Paris’ decision dated 4 July 2018, n° 16/05518, and entitled :  “Distribution Contract: sudden OR unfair termination or sudden AND unfair termination ?”

https://www.village-justice.com/articles/contrat-distribution-rupture-brutale-abusive-rupture-brutale-abusive-paris,29589.html

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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

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