Philippe Vanni

The block exemption regulation 330/2010 expires on 31 May 2022. For the record, this regulation and the accompanying guidelines facilitate the competitive assessment of agreements relating to the supply and distribution of goods and services by making it possible, under certain conditions, (...)

Once again this quarter, we note the consolidation of the case law on the broad assessment of the commercial agent’s negotiating power. We had previously noted a decision of 12 May 2021 in which the French Civil Supreme Court considered that the commercial agent’s negotiating power did not (...)

In the wake of the decision handed down by the Court of Cassation on 12 May 2021 (cf. supra Cass. Com., 12 May 2021, No. 19-17.042), a decision of the Paris Court of Appeal of 20 May 2021 should also be noted, dealing not only with the question of the existence of the commercial agent’s (...)

The qualification of a commercial agent contract remains at the heart of current case law, as evidenced by a decision of the Court of Cassation handed down on May 12, 2021. One will recall, of course, the decision handed down on June 4, 2020 by the Court of Justice of the European Union, (...)

On 29 May 2003, Brooks Sports GmbH concluded a sales agency agreement with Energy Lab giving it exclusive rights to represent and promote Brooks products in France. As part of the promotional activity, the abovementioned contract allows the sales agent to take part in trade fairs and sports (...)

Following a decision by General Motors to cease marketing new vehicles in Western Europe for one of the group’s brands, the French importer of the brand in question notified its affiliated distributors of the termination of their distribution and authorised repairer contracts on 11 December (...)

In the area of exclusive distribution, this quarter saw an interesting decision handed down by the Paris Court of Appeals, reminding us of the importance of carefully anticipating the end of the contract and the end of the resulting exclusivity commitment. Since 1 June 1995, one supplier had (...)

The commercial agency contract is definitely at the heart of this quarter’s case law. The terms and stakes of the qualification (Cf. CJEU 4 June 2020 V. supra. note N.F.) should not overshadow the importance of the issues that otherwise arise in relation to its execution. A decision of the (...)

It is now known that the commercial agency contract may include a clause under the terms of which the agent must serve a trial period and that he is entitled to payment of the termination indemnity provided for in Article L. 134-12 of the Commercial Code, including when the termination of the (...)

The control of the "fairness of commercial practices" is first of all ensured, between professionals, by specific provisions of the Commercial Code (Chapter II, Title IV of Book IV C. com. resulting from Order No. 2019-359 of 24 April 2019).) which penalise practices restricting competition (...)

The articulation of case law solutions rendered on the basis of general liability law and competition law regarding the refusal of approval of network candidates meeting the selection criteria set by the promoter of a selective distribution network is still at the heart of this quarter’s case (...)

While it may be possible for a former franchisee to continue in business after the termination of the franchise agreement in defiance of a post-contractual non-competition clause, much rarer is the situation in which he creates a competing business, using the distinctive elements of the (...)

The facts of this Decision are set in the classic context of a breach of a selective distribution contract by a headend, subject to a period of notice, the reasonableness of the duration of which was not disputed. In this case, a head of a motor vehicle distribution network had notified one (...)

In the present case, an intermediary had concluded a partnership agreement under which he had to seek buyers wishing to invest in residential property in return for remuneration payable after signing the authentic deeds of sale and receiving the funds. A clause in the contract provided for the (...)

Paris Commercial Court, 24 September 2013, Minister of the Economy v. Galec, RG n°2011/058615 The Paris Commercial Court rules in favour of the Groupement d’achat des Centres Leclerc (GALEC), a dispute that is included in the actions brought by the Minister for the Economy on the basis of (...)

Cass. com, September 10, 2013, Carrefour hypermarkets, No. 12-21.804 A major distributor had been summoned by the Minister of the Economy to annul the clause relating to the remuneration of "separate services" stipulated in agreements concluded in 2005 and 2006 with 15 suppliers, as well as (...)

CJEU, 30.05.2013, Erika Jőrös v. Aegon Magyarország Hitel Zrt; Dirk Frederik Asbeek Brusse, Katarina de Man Garabito v. Jahani BV, cases C-397/11 and C-488/11->doc19955 In two rulings handed down on the same day, the ECJ confirmed its case law on the office of the judge and clarified its (...)

Cass. com, 18 September 2012, Sagem v. Boyé, appeal No. 11-19.629 A manufacturer of combat clothing and a defence company were in discussions to contract out the production of such clothing. As the defence company had improperly broken off the talks, the manufacturer was claiming (...)

One company had entered into a commercial relationship with an SEO centre as early as 2002, and then concluded several SEO contracts with it, the last one in 2006. In 2007, the company claimed that the central had abruptly terminated their business relationship and had sued the company for (...)

Cass. com, 20.03.2012, Stim v. Visio Sys, No. 08-14.062 A distributor felt that it was the victim of a partial termination of a commercial relationship by its supplier, who without notice increased prices and worsened payment terms. An appeal court had ordered the supplier to pay the (...)

Cass. com, April 27, 2011, Carrefour France, appeal n° 10-13.690 Facts At the end of an investigation into all the commercial cooperation contracts concluded between a Carrefour retail outlet and its suppliers, the DDCCRF found that the retailer would have received, for 22 different (...)

Following the termination by mutual insurance companies of two approval agreements entered into with a car repairer, the latter had sued them for wrongful termination on the basis of Article L. 442-6, I, 5 of the French Commercial Code. In refusing to apply Article L. 442-6, I, 5 of the (...)

Law n°2010-874 of 27 July 2010 on the modernisation of agriculture and fisheries The Law on the Modernization of Agriculture and Fisheries (known as LMAP) is entering a new phase of application. This system applies to all suppliers (producers, cooperative companies, SICA, etc.), all buyers (...)

A question had been referred to the Court of Justice of the European Union (CJEU) for a preliminary ruling as to whether the provisions of Directive 93/13/EEC on unfair terms in consumer contracts precluded a Member State from providing in its legal system, for the benefit of consumers, for (...)

The victim of an accident had signed a protocol of arbitration expertise with his insurer in order to determine the date on which he could be considered totally and permanently disabled, the parties declaring that they would rely on the arbitrator’s decision and waive all subsequent disputes. (...)

Facts The Paris Court of Appeal had sentenced a distributor for having concluded between December 2005 and March 2006 commercial cooperation agreements and separate service contracts "not specifying the content of the services rendered" in accordance with Article L. 441-7 of the French (...)

A cooperative society of purchasing groups had opened a website for the purpose of comparing the prices charged by the major retailers for the sale of numerous products. Seized by a competing distribution company, the judge ordered the suspension of the operation and publishing of this site (...)

A Belgian law prohibiting, under certain exceptions, "joint offers" from a seller to a consumer in the context of which the latter could obtain, free of charge or not, products, services or advantages linked to the acquisition of a main product or the subscription to a main service, the (...)

A decree of 18 March 2009, issued in application of Article 86 of the law of 4 August 2008 and following the opinion of the Unfair Terms Commission, draws up an inventory of unfair terms in relations between professionals and consumers or non-professionals. Unfair terms are those "likely to (...)

On 13 January 2009, an order of 31 December 2008 was published in the Official Journal concerning announcements of price reductions for consumers. This enactment repeals the Order of 2 September 1977 on the advertising of prices to the consumer, which has governed the subject for 30 years. (...)

Facts A merchant was the beneficiary, as a member of an association of distribution centres, of a "sign contract" allowing him to use the brand and logo of a mass retailer in the stores he operated. In return, he was a member of two purchasing groups, one at a national level, the other at a (...)

Law No. 2008-776 of 4 August 2008 Adopted on 4 August 2008, the law on modernisation of the economy is a new step in the reform of relations between suppliers and distributors. This new reform comes three years after the Dutreil law of 2 August 2005 (which overhauled the rules applicable to (...)

A check carried out by the Morbihan competition department revealed that a producer of canned vegetables (Société CGC) which sold products under private labels had been charged higher selling prices than those it had offered by SCA Légumes, a subsidiary of Intermarchandises France (ITM) and (...)

Facts An investigation conducted by the DGCCRF in a hard discount store revealed the existence of commercial cooperation contracts "without any real consideration", and the Minister of the Economy brought an action on the basis of Article L. 442-6 III of the Commercial Code. As these (...)

Facts A German supplier, which has had a business relationship with its French distributor since 1991, informed the French distributor in September 2002 that from 1 January 2003 it would supply its three largest customers directly. Three years later, it decides, without notice and (...)

Facts In the context of commercial relations between the central purchasing office of a supermarket chain and a supplier, agreements have been concluded in implementation of commercial cooperation agreements. Arguing the fictitious nature of certain contractually agreed services and (...)

Facts A company had notified an industrial cleaning service company with which it had a commercial relationship of the decision to put the contract concerned out to tender, in which the company was invited to participate. Since this notification was made in May and the announcement of the (...)

Facts A dental prosthesis supplier had had a three-year business relationship with two dental centres. As the orders had ceased, the supplier had solicited its contracting partners, who notified it of their willingness to continue the business relationship, but only dealing with one of the (...)

Facts In the context of commercial relations between the central purchasing office of a supermarket chain and a supplier, four commercial cooperation contracts had been concluded. Arguing the fictitious nature of some of the services provided for in the contract and therefore the nullity (...)

Facts A contract entitled "distribution contract" was signed between F. Bonnet and Bacchus. This contract stipulated that the Bacchus company’s mission was to market F. Bonnet’s champagnes. Customers would be invoiced directly by Bonnet. The contract also stipulated that Bacchus would be (...)

Facts In 2003, a dominant terrestrial broadcasting provider concluded exclusive seven-year contracts with several public channels. A competitor of this supplier, believing that the latter was abusing its dominant position on the grounds that it was foreclosing the market by reducing the (...)

Facts One distributor had concluded commercial cooperation agreements with some of its suppliers providing for "non-management services" and "range optimisation services". Taking the view that the services contained in these agreements did not correspond to a commercial cooperation service (...)

Facts Brasseries Kronenbourg has concluded a ’brewery contract’ with a pub operator whereby the latter undertakes, on an exclusive basis and for a period of three years, to serve a certain volume of beer. The beer wholesaler designated by this contract shall avail himself of a penalty (...)

Facts A distributor of cosmetic products terminated its distribution contract in January 2000, with effect from the termination in December 2001. His contract providing for a "contractual] obligation [to buy back stock (...) at the end of the contract,] covering[all fresh produce less than (...)

Facts Bijourama, a company specialising in the sale of watch and jewellery products on the Internet, wishes to join the Festina group’s selective distribution network. The latter having rejected its request for approval, Bijourama referred the matter to the Competition Council, considering (...)

Until January 2006, the tax department treated contractual penalties for late delivery paid by a supplier to its customer as a price reduction. These penalties had to be deducted from the supplier’s VAT tax base and resulted in correlatively, a regularization of deductions at the customer’s (...)

The law of 5 January 2006 introduced a new paragraph to Article L. 441-6 of the Commercial Code relating to conditions of sale. Paragraph 8 provides that "unless otherwise provided for in the conditions of sale or agreed between the parties, the time limit for payment of the sums due shall (...)

The interpretation of the new paragraph of Article L. 441-6 of the French Commercial Code relating to payment periods for transport raises questions. A literal interpretation of the new paragraph may lead one to think that agreeing to a payment term of more than thirty days (fine of 15°000 (...)

Facts A distributor specialising in sporting goods (DECATHLON) was selling products that it had had 100% manufactured by its subsidiary at a price lower than their actual purchase price. He was sued under Article L. 442-2 of the French Commercial Code for resale to loss. Convicted at first (...)

Facts Following the leasing of an operation, the services entrusted for ten years to a service company for operating purposes are interrupted without notice. The Commercial Court of Paris condemns the holder of the holding to pay damages for abrupt termination of established commercial (...)

On 21 March 2005, the Trade Practices Review Commission adopted a text in which it recommended "negotiations between trade organisations in each sector to determine payment periods that are manifestly abusive in view of the specific nature of the sectors of activity and the companies (...)

Facts Several albacore tuna producer organisations were prosecuted for fixing common minimum selling prices. Decision "The fact that these producer organisations participate in meetings where common minimum prices are decided leaves no doubt as to their willingness to participate in a (...)

Facts After 15 years of business relations, a supplier terminates a contract for the distribution of construction machinery with four months’ notice. The distributor shall sue the supplier for abrupt termination of the established business relationship, on the basis of Article L. 442-6, I, (...)

Facts During the years 1993 to 1996, two suppliers, Noblet and Texas Instrument together holding 89% of the market share in the market for scientific and utility calculators. have set up a commercial policy of recommending their products to schools. mathematics teachers and a pricing (...)

Commission d’examen des pratiques commerciales, notice n° 04-02 relating to the compliance of certain practices with article L.°442-6 of the Commercial Code Facts Pursuant to Article L. 440-1, paragraph 4, of the French Commercial Code, the President of the French Competition Council has (...)