Mireille Dany

Aramis (Paris)
Lawyer (Partner)

Mireille Dany is an attorney who graduated in civil and litigation law and obtained a post graduate diploma in consumer Law at the University of Montpellier. Mireille Dany was admitted to the Bar of Paris, France (1987). She practiced with the French legal firm Jeantet & Associés, before joining Clifford Chance in 1996. She was partner of EY Law in charge of the development of the Commercial Law Department (Contract, Competition, Distribution, Advertising and E-commerce Law). She joined Baker & McKenzie SCP in 2003, and left in 2008 to join Proskauer Rose as a partner. Mireille advises and represents clients principally on notification of concentration operations pursuant to E.U and French regulations; organization of purchase / drafting of contract; organization of distribution networks. She is also acting as Counsel before the Competition Authorities. She is author or co-author of various publications such as « Le Guide de Négociations Commerciales », « La loi Dutreil et la franchise ». She speaks French & English.

Linked authors

Baker Mckenzie (Paris)
Cabinet Renaudier (Paris)

Articles

2267 Bulletin

47296 Review

Marianne Le Moullec, Mireille Dany Significant imbalance: The Paris Court of Appeal confirms the ruling of the Lille Court of Commerce imposing a fine on a retailer because of the significant imbalance of two provisions of its annual agreement with its suppliers

207

The Lille Commercial Court had ordered Eurauchan to pay a civil fine of EUR 1 million for a significant imbalance in its annual agreement. This action was one of a series of writs issued by the Minister of the Economy in September 2009 against nine general and specialised supermarket chains (...)

Mireille Dany Sudden termination of commercial relationship: The Court of cassation, in two decisions rendered the same day, rules on how damages are calculated in cases of wrongful sudden termination of commercial relationships (Gaches chimie/OCV ; MITF/Le Bignon & LVA)

158

Cass. com, June 11, 2013, MITF c/ Le Bignon and LVA, n° 12-20-846 In the first case, Gaches Chimie had been the distributor of products supplied by Saint Gobain Vetrotex for at least 25 years and then by each of its successors. On 29 November 2002, OCV Chambéry International, the successor to (...)

Mireille Dany Significant imbalance : The Evry Court of Commerce finds that the disputed provisions of a contract between a retailer and its supplier are not significantly imbalanced and thus rejects the Minister’s action for a civil fine (Ministre de l’Économie/ITM Alimentaire)

219

This is one of the latest first-instance decisions in the so-called "Novelli" series of summonses issued in the autumn of 2009 against nine general and specialist retailers. The decisions handed down in this case are similar, but not identical. In the case under consideration, the objections (...)

Marianne Le Moullec, Mireille Dany Sudden termination: The Court of cassation rules that the reconversion of the terminated party has no influence in the calculation of the duration of the notice period (Claas)

139

Cass. Com, November 6, 2012, No. 11-24570. The main purpose of giving notice of termination of a business relationship is to enable the partner who has been terminated to organise his conversion. This is self-evident, even if the text of Article L. 442-6 I 5° of the Commercial Code does not (...)

Marianne Le Moullec, Mireille Dany Sudden termination: The Court of cassation considers that the commercial relationship with a company member of a group of companies is different from the relationships with others companies of the group if the relationship has a different object and this company has its own legal personality (Caporal & Moretti/Groupe Alcatel-Lucent)

155

Cass. Com. 23 October 2012, No. 11-22383. The text prohibiting the abrupt termination of commercial relations frees itself from a purely legal analysis to focus on the economic reality. Thus, the text refers to the notion of "commercial relationship" rather than "contract" to apply in the many (...)

Mireille Dany Sudden termination of commercial relationships: The Court of Cassation considered that the existence of an interprofessional agreement does not remove the obligation to take into account the duration of the relationship to determine the notice length (Mondadori magazines France/Pre Press La Gravure Postscipt francilienne)

97

Cass. com, May 3, 2012, Mondadori magazines France c/ Pre Press La Gravure Postscipt francilienne, n° 11-10544 Mondadori, which had been entrusting Pre Press-La Gravure since 1995 with work prior to the publication of these magazines, broke off the commercial relationship with the latter by (...)

Mireille Dany Sudden termination of commercial relationships: The Court of Cassation considers that the existence of a framework agreement is not a necessary condition for establishing the existence of an established commercial relationship (Tickner)

141

Cass. com, March 20, 2012, Mr. X... c/ Tickner Company, No. 10-26220 Tickner has been using a subcontractor for twenty years to supply and install its products, wood-frame constructions. In 2007, Tickner terminated this relationship without notice. The subcontractor then sued Tickner for (...)

Mireille Dany Sudden termination of commercial relationships: The Court of Cassation declares admissible the clause conferring jurisdiction to the German courts contained in the general terms and conditions of the supplier in an interim measure relating to a termination of business relations (SBMM/Ingrid Kränzle)

218

Cass. com, 20 March 2012, SBMM v. Ingrid Kränzle, No. 11-11570 The French company SBMM has been supplying industrial cleaning machines to the German company Ingrid Kränzle GmbH since 1994. The relationship was governed by the general terms and conditions of sale of Ingrid Kränzle GmbH. SBMM (...)

Mireille Dany Counterfeiting – Unfair competition: The Court of Cassation rules that the action for counterfeiting or improper use of a trademark and the action for unfair competition must be supported by distinct facts (Chanel/Vill)

308

Cass. com, October 4, 2011, Chanel c/ Vill, n° 10-20914 As part of the liquidation of an approved distributor, a member of the selective distribution network set up by Chanel, a certain number of cosmetics and perfumes bearing the Chanel brand were offered for sale at a public auction. These (...)

Mireille Dany Significant imbalance: The Commercial Court of Meaux imposes a “civil” fine on a retailer because of the significant imbalance of two provisions of its annual agreement with its suppliers (Ministry of Economy/EMC Distribution)

460

This is the second decision handed down by the Meaux Commercial Court as part of the series of writs issued by the Minister of the Economy in the autumn of 2009 against nine general and specialist retail chains. Following its Provera decision of December 6, 2011 (Concurrences No. 1-2012, p. (...)

Mireille Dany Significant imbalance: The Commercial Court of Lille imposes a fine on a retailer because of the significant imbalance of two provisions of its annual agreement with its suppliers (Eurauchan)

914

This is the second decision handed down by the Lille Commercial Court as part of the series of writs issued by the Minister of the Economy in September 2009 against nine general and specialized mass retail chains. More than a year and a half after its Castorama decision of January 6, 2010, the (...)

Mireille Dany Invoicing regulations: The Court of Cassation rules that Article L .441-3 of the Code of commerce does not prohibit to mention conditional rebates on invoice (Microcar)

503

Cass. com, September 6, 2011, Mr. X... Mr. Y...and Mrs. Z... c/ Microcar, n° 10-17963 The contract concluded between a supplier and a car distributor provided that the latter would be granted various kinds of price reductions, including price reductions based on quantities purchased and the (...)

Mireille Dany Sudden termination of commercial relationships: The Paris Court of Appeal rules that a relationship between a TV broadcaster and a production company is a stable commercial relationship (Planete Prod, France Televisions)

658

The Paris Court of Appeal marks the end of the cultural exception! After the Equidia case (CA Paris, ch. 5-5, 20 January 2011, Equidia c/25 Mars Production, RG 10/01509, Concurrences No. 2-2011, p. 134, note J.-L. Fourgoux), the Court of Appeal reconfirms that Article L. 442-6, I, 5° of the (...)

Mireille Dany Sudden termination of commercial relationships: The Paris Court of Appeal sets aside Art. L. 442-6-I-5° C. com. and relies on contract law (Zeus Sécurité Privée/Carrefour)

815

The two judgments commented on illustrate the fact that, even in the presence of a valid contract between the parties, the "victims" of termination do not hesitate to invoke Article L. 442-6-I 5° of the Commercial Code on the abrupt termination of commercial relations to contest a termination of (...)

Mireille Dany Commercial cooperation: The Court of Cassation overturns the decision of the Court of Appeal of Bourges and rules that it did not take into account the correct methodology to determine whether the compensation paid was disproportionate (Minister of the Economy/Carrefour France)

477

Cass. com, 27 April 2011, Carrefour France v/ Minister of the Economy, No. 10-13690 The Court of Cassation states that the economic result of a service cannot be the sole criterion for determining whether the remuneration received by a distributor is disproportionate to the value of the (...)

Mireille Dany Sudden termination of commercial relationships: The Court of Cassation rules that members of a cooperative do not have a right to act on the grounds of sudden termination of the commercial relationships between the cooperative and its commercial partner, unless they claim to have suffered a loss different from the cooperative’s loss (Saint-Yves/Capleso)

873

Cass. com, 8 February 2011, Saint-Yves c/ Capleso and others, nº 09-17034 "No interest, no action" is the adage. Interest or standing is assessed before any discussion of the merits and the Court of Cassation recalls this in the commented judgment. In the present case, the Saint-Yves company (...)

Mireille Dany Internet - Jurisdiction: The Court of Justice rules on the concept of activity directed to the Member State of the consumer’s domicile (Pammer and Hotel Alpenhof)

1304

CJEU, 17 December 2010, Pammer and Hotel Alpenhof, joined cases C-585/08 and C-144/09 Disputes before national courts The first case concerned a dispute between an Austrian consumer and a German company with a website on which the consumer had purchased a trip. The consumer, considering that (...)

Mireille Dany Retail in the food sector - Category management: The French Competition Authority issues a mixed opinion on the implementation of category management agreements between suppliers and retailers in the mass retail distribution (Food retail sector)

1301

This opinion follows a self-referral by the Competition Authority on 19 March 2010. The Authority’s objective is to assess the competitive risks associated with the implementation of this form of cooperation between distributors and suppliers, which is category management, and which consists of (...)

Mireille Dany Sudden termination of commercial relationships: The Court of Cassation finds that an arbitration clause applies to an action regarding the sudden termination of the commercial relationship (Doga/HTC Sweden)

1397

Cass. 1st civ. 8 July 2010, Doga c/ HTC Sweden AB, No. 09-67013 The Court of Cassation ruled that the arbitration clause provided for in a distribution contract was applicable, regardless of whether the substance of the dispute was governed by public policy provisions. In the present case, (...)

Mireille Dany Sudden termination of commercial relationships - Annual prescription of Article L. 133-6 C. com.: The Court of Cassation finds that the specific one-year period of limitation for litigation involving carriage of goods contracts does not apply to an action for sudden termination of the commercial relationship with a carrier (Torelli/Saint-Gobain)

1943

Cass. com, May 11, 2010, Maître Torelli v/ société Saint-Gobain emballage, n° 09-10797 The Court of Cassation, hearing a case based on the abrupt termination of commercial relations between the liquidator of a company providing glass collection and transport services and its limited partner, ruled (...)

Mireille Dany Partial termination of the commercial relationship: The Paris Court of Appeal finds that a decrease in the volumes of the orders passed immediately after announcing the impending termination and the start of the notice period constitutes a partial termination of the commercial relationship (Textile Assistance/Galec)

2281

The company Textile Assistance had been producing for 14 years clothing marketed under the private label of the Leclerc group, its only customer. In a letter dated 23 December 2003, Galec (Coopérative Groupements d’achats des centres Leclerc) informed Textile Assistance that it intended to (...)

Mireille Dany Length of the notice period : The French Supreme Court holds that the entire length of the commercial relationship should be taken into account in order to determine the length of the notice period that should be granted (Carré Blanc distribution ; Ame ; Groupe Études énergies eaux déchets (G3ED) ; Auchan ; Petrovex)

1747

Cass. com, November 24, 2009, Carré Blanc distribution c/ Ame, n° 07-19248 Cass. com, September 15, 2009, Groupe Études énergies énergies eaux déchets (G3ED) c/ Auchan and Petrovex, n° 08-15866 The first case (Cass. Com, 24 November 2009) concerns a franchisee, the company Ame having concluded in (...)

Mireille Dany Intention to terminate part: The Versailles Court of Appeal finds that the substantial decrease in the volume of orders is not sufficient to demonstrate the intention to terminate part of the commercial relationships with the supplier (G Klein/JC Decaux)

2240

The Versailles Court of Appeal, in a ruling that was overturned, rejected the claim for compensation from the statutory auditor for the execution of the G Klein plan, made against JC Decaux, on the basis of Article L 442-6 I.5° of the French Commercial Code, due to a significant decrease in the (...)

Mireille Dany Termination of commercial relationships: The Toulouse Court of Appeal fines again an airplane manufacturer for sudden termination of commercial relationships which took place without justification and in an unforeseeable manner, as the undertaking let its commercial partner believe that their relationship would be pursued (Airbus/Icarelink)

2420

In the late 1990s, Airbus launched a project to develop a telephony system on board its aircraft, a project which it then put on hold for financial reasons. In 2003, following discussions between Airbus France and various engineers, the company Icarelink was created by the latter to carry out (...)

Mireille Dany Termination of commercial relationship: The Court of Cassation rules that a commercial relationship can be considered as established even if it is not continuous and permanent (Comexpo Paris, Christian Carbonnières)

2392

Cass. com, 15 September 2009, Société Comexpo Paris v/ Société Christian Carbonnières, No. 08-19200 Christian Carbonnières, a wine merchant, carried out a large part of its business at occasional fairs and exhibitions. For more than ten years, this company has been participating in the "Wine and (...)

Mireille Dany Termination of commercial relationships: The Court of Cassation rules that the plaintiff may either bring the case before the court of the place where one of the defendants is domiciled or before the courts of the place where the harmful event occurred or where the damage was suffered (Mécanic Routage ; La Redoute ; Les 3 Suisses)

2206

Cass. com, July 7, 2009, Société Mécanic Routage v/ Les sociétés La Redoute and Les 3 Suisses, n° 08-16633 The companies La Redoute and Les 3 Suisses have entrusted the binding of their mail order catalogues to Mécanic Routage for several years. In 2004, these two companies broke off their commercial (...)

Mireille Dany Penalties for delays of payment: The Court of Cassation rules that penalties for late payment set out in Art. L.441-6 of the Code of commerce are owed even if they are not provided for in the contract between the parties (Eurovia c/FIT)

3582

The decision of the Court of Cassation’s chamber of 3 March 2009 is interesting in several respects. Firstly, and this is the most obvious contribution of the ruling, it puts an end to the debate on the contractual or legal nature of the late payment penalties provided for in Article L. 441-6 of (...)

Mireille Dany Sudden breaking off of long term commercial relationships: The Court of Cassation refuses to apply French law when the parties have chosen to insert a jurisdiction clause in favor of a foreign judge (Monster Cable Products / Audio Marketing Services)

3654

In a case concerning the breach of an exclusive distribution contract, the Court of Cassation ruled on the application of a jurisdiction clause to a foreign forum. The American company Monster Cable Products Inc. had entered into an exclusive product distribution agreement on French territory (...)

Mireille Dany Invoices: The Court of Cassation rules that the information on invoices must be sufficiently precise to allow for the control, by the authorities, of the reality and value of the services invoiced, without referring to another document such as the contract (Beldis)

3362

Criminal Code, 23 September 2008, Société Beldis, No. 08-81.278. The invoice must be self-sufficient: this is the principle recalled by the Court of Cassation in its decision of 23 September 2008. The decision is not innovative, but it has the merit of drawing the attention of professionals to (...)

Send a message