MY ACCOUNTOBTAINING A MANIFESTLY DISPROPORTIONATE ADVANTAGE
Article L. 442-1, I, 1° of the Commercial Code makes it possible to control the proportionate nature of price advantages, such as credit notes or price reductions, but without leading to a generalized assessment of substantive inequity or of whether the price is fully commensurate with a service, which would be a violation of contractual freedom.
CA Paris, 10 May 2023, LawLex202300007759JBJ
SUDDEN TERMINATION OF ESTABLISHED COMMERCIAL RELATIONSHIP
A trading partner is not obliged to accept an extension of the notice period initially granted, especially when the latter is intended to apply to terms which are materially different from those previously agreed between the parties.
CA Paris, 7 June 2023, LawLex202300007756JBJ
CIVIL SANCTIONS
An action for compensation of competitive harm brought more than five years after the publication of the press release announcing the ruling on which it was based must be held to be time-barred, insofar as the press release is no more informative than the summary of the judgment subsequently published in the Official Journal, and its author merely made a request for the disclosure of documents on the basis of Article 145 of the Code of Civil Procedure, which requires a more limited knowledge of the facts than an action on the merits.
CA Paris, 1 June 2023, LawLex202300007628JBJ
EXCLUSIVE DISTRIBUTION
The use of fake customers to ascertain whether an exclusive distributor has breached its non-compete obligation constitutes a breach of fairness in the administration of evidence, justifying the exclusion of the evidence obtained.
CA Montpellier, June 6, 2023, LawLex202300007737JBJ
PRODUCT SAFETY
The new regulation on general product safety, which came into force on 12 June 2023 and will replace Directive No 2001/95 of 3 December 2001 as of 13 December 2024, is aimed in particular at guaranteeing consumers better protection against the purchase of dangerous products online and increasing the effectiveness of product recall mechanisms.
Regulation No 2023/988 of 10 May 2023 on general product safety
