MY ACCOUNTReparation for competitive harm
When the harm suffered by the public entity results from anticompetitive practices in which its governing bodies participated, with the result that because of their involvement it was unable to assert its rights to claim compensation, the statute of limitations can only run from the date on which, after the replacement of those bodies, the new governing bodies, having no involvement in the implementation of the practices, acquired sufficiently certain knowledge of their extent.
Conseil d’Etat, 9 May 2023, LawLex202300006341JBJ
State aid
Insofar as the aid granted under the Temporary Framework for State aid measures to support the economy in the current Covid-19 outbreak is intended to ensure the operational continuity of viable undertakings during the pandemic, the commitments under the framework must ensure that, after the aid is granted, the beneficiary does not become more powerful on the market than it was before Covid-19 and that effective competition is preserved.
GC Case T 34/21 and T-87/21 Ryanair DAC et Condor Flugdienst GmbH, Judgment of 10 May 2023, LawLex202300006524JBJ
Commercial agents
The signing of a new contract of representation by the agent after the announcement of the non-renewal of the contract by the principal does not constitute a serious breach.
CA Chambéry, 2 May 2023, LawLex202300006243JBJ
Commercial agents
A principal, who, at the time of the conclusion of the contract, was aware of the relations between the agent and a third party but did not take them into account, despite the fact that he expressly stipulated a prohibition on the representation of certain named competitors, cannot subsequently claim that the pursuit of such relations constitutes a serious breach.
CA Chambéry, 2 May 2023, LawLex202300006243JBJ
Misleading commercial practices
In view of the many recurrent scientific warnings which have progressively intensified on the health risks of consuming food products containing nitrates, a company which presents itself as a campaigner for a healthier diet does not misrepresent the essential characteristics of a particular brand of sausage when it warns the consumer of the health risks involved in its consumption.
CA Limoges, 13 April 2023, LawLex202300005833JBJ
