Fidal (Lyon)

Simon Hotte

Fidal (Lyon)
Lawyer (Associate)

Simon Hotte, Partner at Fidal law firm, focuses his activity on the competition and distribution law for French and foreign industrial and distribution companies of various sectors (agro food, pharmaceuticals, medical devices, automotive, chemistry, sport). Simon Hotte litigates in these fields before states and arbitral tribunals. Simon Hotte teaches private international law and international contracts law at University Jean Moulin Lyon 3.

Articles

26015 Review

Francois Chénedé, Nicolas Ferrier, Sarah Bros, Simon Hotte From the contractual abuse sanction to the sanction of restrictive practices of competition (Towards a new competition law?, Lyon, May 28th, 2015)

631

The conference that took place in Lyon on May 28th 2015 dealt with the future of competition law. The speakers of this panel got back to the strong link between unfair competition behaviors against professionals and those against consumers. Particularly, Sarah Bros and François Chénedé got back (...)

Simon Hotte Established commercial relationships: The Court of Cassation rules that implementation of a choice of jurisdiction clause is subject to evidence of “prior acceptance” of the party against whom it is being asserted (Safic-Alcan)

992

Cass. com, 18.01.2011, Safic-Alcan v. Coprima, No. 10-11.885 A Spanish supplier had been summoned by a French company that considered itself the victim of a breach of commercial relations before a French court designated by a jurisdiction clause. A Court of Appeal had upheld the Spanish (...)

Simon Hotte Overriding mandatory provision: The French Supreme Court specifies the notion of overriding mandatory provision and the consequences of its implementation on the judge competence (HTC / Doga / Système U / Transbidoa)

151

Two recent rulings of the Court of Cassation have clarified the concept of loi de police and the impact of the application of such a law to the merits of the case on the competence of the judge: In the first case, the Commercial Chamber of the Court of Cassation considered that Article L. 132-8 (...)

Simon Hotte Unfair practices : The Versailles Court of Appeal uses the “sufficient, substantial and significant nexus” criterion to determine the jurisdiction of French courts over suits involving unfair competition online

2154

Facts A Danish pharmaceutical company had presented on the Internet in several documents written in English the first results of its work on the development of a new molecule. The company stated that this molecule would be more effective than the one developed by a French pharmaceutical group. (...)

Simon Hotte Applicable law : The French Supreme Court applies the ECJ Tessili case law and the Rome Convention on the applicable law to contractual obligations and holds that the characteristic performance of distribution contracts is the one from the supplier (Wolman / Cecil)

3308

Facts For five years, a German company had entrusted the exclusive distribution of its products to a French company. As the supplier had terminated that relationship, the distributor brought an action before the Commercial Court seeking compensation for the loss resulting from that (...)

Simon Hotte Conflict of jurisdiction : The French Supreme Court recalls that in matters relating to contract, the court in the place where the essential obligation was performed has jurisdiction (Méridien hôtels)

2748

Facts A company incorporated under English law has entered into a contract with a French company for advertising consultancy, creation and supply of advertising documents. Following the breach of contract by the English company, the French company sued the latter for wrongful termination of (...)

Simon Hotte Commercial agency : The French Supreme Court approves the Bourges Court of Appeal in that it acknowledged the validity of the choice of jurisdiction clause provided by a commercial agency agreement (Ceramiche Gardenia Orchidea)

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Facts An Italian company terminated its contract with a French commercial agent. In breach of a contractual clause conferring jurisdiction on the courts of Modena (Italy), the latter brought an action against the company for payment of compensation for termination and notice before the (...)

Simon Hotte Commercial agency : The French Supreme Court holds that the court having jurisdiction over the place of performance of a commercial agency agreement has jurisdiction to rule on a claim for a termination indemnity (Fabrica Textil Riopele)

1937

Facts The commercial agent in France of a Portuguese company sued the latter for payment of customer compensation and damages for wrongful breach of contract before the Commercial Court of Paris. The Paris Court of Appeal has declared the French jurisdiction incompetent to rule on customer (...)

Simon Hotte Article L. 442-6 of the Commercial Code: The Paris Court of Appeal holds that the provisions of Article L. 442-6 of the Commercial Code constitute a mandatory law of international public policy (Monster Cable Products/Audio Marketing Services)

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Facts On 18 September 1995, a Californian manufacturer of sound and audiovisual cables concluded an exclusive distribution contract for its products in France with a French distributor, following two previous contracts. The contract provided that "[its] validity, []interpretation and (...)

Simon Hotte Termination indemnity : The French Supreme Court rules that the termination indemnity owed to commercial agent according to Article L. 134-12 of the Commercial code is a "compensation tort" (David Piller/Troy Lee Designs)

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Facts A French sales agent distributes in France the products of his American principal. Following the termination of the contract by the principal, the commercial agent shall summon him before a French commercial court to pay the termination indemnity for the end of the contract. Failed at (...)

Simon Hotte Break of an established commercial relationship : The French Supreme Court holds that the place of a damage does not always correspond to the corporate headquarters of the victim (Daguin)

1871

Facts A company has sued a company in the court of its location for payment of damages on the basis of Article L. 442-6-I, 5°, of the French Commercial Code, for wrongful termination of established commercial relations. The defendant then raised a plea of lack of jurisdiction in favour of the (...)

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