Fidal (Lyon)

Marie du Gardin

Fidal (Lyon)
Directeur Associé

Marie du GARDIN has been leading the Distribution-Competition department of FIDAL in Lyon, since 1996, comprised of 12 specialist lawyers. She assists many French groups of international dimension and SMEs, particularly in the Distribution and Health sector. She is particularly in charge of cases in contract law and distribution, involving the audit and optimisation of procurement practices. Marie graduated from the Paris Institute of Political Studies and from the University of Paris II - Assas (Maîtrise in Taw Law).

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Fidal (Paris)
Fidal (Paris)
Fidal (Paris)
Fidal (Paris)
Fidal (Paris)


39821 Review

Marie du Gardin Article L. 442-6 III of the Commercial Code: The French Supreme Court considers that the French Minister of Economy may act against the advice of victims of abuse (Ministre de l’économie / Galec)


In the midst of the parliamentary debate on the economic modernization bill, the Court of Cassation has just legitimized the action of the Minister of the Economy based on Article L. 442-6 III C. com. by stating that "the action (...) is not a matter of a mere "law" but of a "law".) which seeks (...)

Marie du Gardin Breach of commercial relationships : The Dijon Court of Appeal confirms that a sudden modification of the tarifs may be held as a breach of established commercial relationships (Vidrieria Rovira/Serge Cheveau)


Facts A supplier of glass bottles, which had entrusted the marketing of these bottles to a distributor for several years, informed the distributor that new, higher tariffs would be applicable from the following day. Taking the view that the higher tariffs were a roundabout way of terminating (...)

Marie du Gardin Sudden break of commercial relationships : The Commercial Court of Lyon rules that a five-month notice given before closing a privilege location in a department store is insufficient given the long-standing nature of the relationship and “the loss of the brand’s renown owing to the fashion nature of the products in question” (Galeries Lafayette)


Since the enactment of Article L. 442-6-I 5° C, the abrupt termination of established commercial relations constitutes a violation of the law. Com. an argument much sought after by companies at the end of a contract or, more broadly, at the end of a relationship and very well received by the (...)

Marie du Gardin Break of established commercial relation : The Nanterre Commercial Court considers that a trade fair organizer that denies access to a company which regularly exhibited its products at the fair is considered to have committed a sudden break-off of an established business relationship (Comexpo Paris)


Facts A wine merchant had been present for more than twenty years at the Paris Fair and made 15% of his turnover there. In 2004, Comexpo, the company organising the fair, decided to reduce the surface area of the event and exclude wine merchants. It informed the wine merchant in September (...)

Marie du Gardin Commercial cooperation services : The Creteil Commercial Court orders to a provider of "needless" commercial cooperation services to refund unduly paid sums (SAS Système)


A search engine optimisation centre which had negotiated commercial cooperation contracts with several suppliers has just had its contracts cancelled and been ordered to return more than 76 million euros received in this connection and to pay a civil fine of 100,000 euros. Concerning the plea (...)

Marie du Gardin Transaction : The French Supreme Court rules out the possibility for a firm to condition the non contest of grievances and its commitments to the respect by the Competition Council of the rapporteur général’s suggestion of transaction (Texas Instruments)


Facts In Decision No. 03-D-45 of September 23, 2003, the French Competition Council established the facts of vertical agreements between, among others, Texas Instruments France and Carrefour Hypermarchés France, and horizontal agreements between Texas Instruments and Dexxon Data Media. Texas (...)

Marie du Gardin Commercial cooperation : The Nanterre Commercial Court condemns a large retail distributor to pay back amounts unduly paid by suppliers for so-called commercial cooperation (Galec-Leclerc)


In 2001, GALEC, the Leclerc stores grouping’s central referencing centre, found that it had received lower amounts of commercial cooperation for fresh produce than those granted to Carrefour. In order to compensate for the "damage" suffered, it requested payment from suppliers by means of (...)

Marie du Gardin Essential infrastructure : The French Supreme Court holds that a dominant distributor that denies its competitor the use of its software may commit an abuse (Nouvelles Messageries/Messageries lyonnaises)


Facts Messageries Lyonnaises de Presse (MLP) accused Nouvelles Messageries de la Presse Parisienne (NMPP), which it considered to be in a dominant position on the market for the distribution of newspapers and magazines, of attempting to squeeze it out. MLP claimed in particular that NMPP (...)

Marie du Gardin Discriminatory practices: The French Supreme Court holds that infringements to Article L. 441-3 of the Commercial code do not presume discriminatory practices (Créapro international)


Facts In the course of their commercial relations, the Intermarché group issued four invoices to the Créapro group for advertising participation or on turnover. In the context of a dispute over unpaid orders, the Créapro Group is appealing to the French Supreme Court (Cour de Cassation) in which (...)

Marie du Gardin Sudden breaking off : The French Supreme Court rules on absence of any sudden breaking off of established commercial relationships (Becton-Dickinson / Périmédical)


Faits La société Becton-Dickinson fabrique et distribue des produits à usage médical. La société Périmédical, aux droits de laquelle vient la société Gallien, a pour objet la distribution de matériel médical et a assuré la distribution exclusive des produits de la marque Becton dans certaines régions (...)

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