MY ACCOUNTSUDDEN TERMINATION OF ESTABLISHED COMMERCIAL RELATIONS
A supplier’s refusal to engage in any on-site technical exchange with a client as part of the process of discussing defects in the products delivered, its inability to replace these products and its failure to participate in the finding of an alternative even though the client has expressed the intention of terminating the contract if the problem is not resolved, all have the effect of making the relationship more precarious
CA Paris, 9 June 2023, LawLex202300008137JBJ
FINE
The assessment of whether the fine should be increased to take account of the fact that the perpetrator of the practices belongs to a large group can be made by comparing the value of the subsidiary’s sales in relation to the infringement with the total sales implemented by the parent undertaking.
CA Paris, 15 June 2023, LawLex202300007984JBJ
FRANCHISE
The franchise agreement drawn up by the franchisor, which includes a set of non-negotiable and pre-determined provisions, constitutes a standard-form contract which is clearly within the scope of Article 1171 of the Civil Code but cannot be assessed for imbalance in terms of the adequacy of the entry fee charged by the franchisor in relation to the know-how transmitted and the initial training provided.
CA Paris, 14 June 2023, LawLex202300008054JBJ
COMMERCIAL AGENT
A sales agent commits a serious breach of contract depriving him of his right to an indemnity when, without the principal’s knowledge, he creates an undertaking in competition with the latter’s customers, thereby confusing them as to his nature of his activities.
CA Bourges, 8 June 2023, LawLex202300008058JBJ
PRODUCT CONFORMITY
The supply of a car with a registration certificate that does not reflect the characteristics of the vehicle purchased, and which, according to the expert report, has been reconstructed from three separate vehicles, constitutes a breach of the seller’s obligation to supply in conformity with the specifications agreed between the parties, and not a latent defect rendering the item sold unfit for its intended use.
Cass. 1re civ., 14 June 2023, LawLex202300008075JBJ
