The 5 news of the week – 5 February 2024

Commitment procedure
The Court of Cassation allows undertakings whose proposed commitments have been rejected by the Competition Authority a direct right of appeal, which, however, is extremely limited in scope.
Cass. com., 31 January 2024, No 22-16.616

Settlement
Scania, which was the only undertaking to refuse to settle in the truck cartel case, has had its fine of EUR 880 million, imposed under the ordinary procedure, definitively upheld by the Court of Justice.
CJEU, Case C-251/22 P Scania, Judgment of 1 February 2024, LawLex202400000783JBJ

Franchise
The resolutory clause applicable without the need for any formal notice when it is impossible to remedy the breach found may be applied when the franchisee denounces the establishment of a competitor on the territory he considers to be his own.
CA Paris, 17 January 2024, No 22/05195

Off-premises contracts
Reversal of case law: the legible inclusion in an off-premises contract of the provisions of the Consumer Code prescribing the formalities applicable to this type of contract is no longer considered as enabling the subscriber to ascertain the defect resulting from non-compliance with those provisions.
Cass. 1re civ, 24 January 2024, No 22-16.115

The brand name of a good or service is one of the essential characteristics that must be included in a legible and comprehensible manner in an off-premises contract of sale or supply.
Cass. 1re civ, 24 January 2024, No 21-20.691