Fidal (Paris)

Valerie Marx

Fidal (Paris)

Valérie MARX joined Fidal in September 2011 as a lawyer specialized in Contract, Distribution, Competition and Consumer law. Her experience also includes providing legal support to Fidal lawyers on the most complex issues related to these areas. Prior to joining Fidal, she served for two years in a Business Law firm, in Paris. Valérie MARX holds a Doctor of Law degree from the University of Montpellier on distribution networks (“La dimension collective des réseaux de distribution”, ANRT Diffusion, 2012). She graduated from the Law School of the University of Montpellier (D.E.A. Droit des contrats d’affaires et de la distribution).

Linked authors

Jules Verne University of Picardie (Amiens)
Fidal (Lyon)
Fidal (Paris)
Fidal (Lille)
Fidal (Paris)


2447 Review

Valerie Marx Access to the file: The General Court considers that the Commission can not deny to the victim access to documents obtained under a leniency program (EnBW Energie Baden-Würtenberg/Commission)


Trib. EU, 22 May 2012, EnBW Energie Baden-Würtenberg AG, Case T-344/08 Trib. EU, 22 May 2012, EnBW Energie Baden-Würtenberg AG, Case T-344/08 The EU General Court considers, in line with the Pfleiderer judgment (CJEU, 14 June 2011, aff. C-360/09), that the Commission may not refuse the victim (...)

Valerie Marx Restrictive practices : The French Supreme Court, the Paris Court of Appeal and the Paris Commercial Court clarify the scope of jurisdiction clauses (Giancarlo, Française d’organisation, Motorstyle)


Cass. civ. 1, 27 February 2013, Giancarlo Zuncheddu du Pilia Pinella v Arci Rhôle-Alpes, appeal No. 11-23.520; CA Paris, 5 March 2013, Française d’organisation commerciale OC 22 v LHD, RG No. 12/19993; Tribunal de commerce de Paris, 21 February 2013, Motorstyle v Honda France, RG No. (...)

Valerie Marx Contracts: The French Supreme Court recalls the role of the judge and the principles of interpretation of dispute resolution clauses (Alstom transport and Caisse des dépôts et consignation/Groupe Investimo and Tarbes industries)


Cass. civ. 1, 27 February 2013, Alstom transport and Caisse des dépôts et consignation c/ Groupe Investimo and Tarbes industries, appeal n° 12-16.328 Some companies had signed a memorandum of understanding prior to their plans to purchase a property complex with a view to selling it to a company (...)

Valerie Marx Consumer credit: The French Supreme Court considers that the written recognition of the delivery of a slip of detachable retractation joined to an offer suggests the effective discount of this one (Sofinco)


An individual against whom a bank had invoked the forfeiture of the term and who had been summoned to pay the balance of the loan granted claimed that the bank did not provide proof of the submission of the withdrawal form and therefore had to forfeit his right to interest. The Court of (...)

Valerie Marx Interim measures : The French Supreme Court approves a Court of Appeal that has dismissed the application of interim measures for lack of evidence requested ​​by a company (Euro Power Technology)


A company which considered itself to be a victim of cartel practices and abuse of dominant position had lodged a complaint with the ADLC, accompanied by a request for protective measures to put an end to the practices complained of. The ADLC rejected these requests because they were not (...)

Valerie Marx Sweepstakes: The Douai Court of Appeal considers that the rules of a contest indicating the existence of chance conditions do not constitutes a misleading commercial practice (Pantiflor)


A customer who had received a letter from a distance selling company announcing that she was going to receive a cheque, had responded to the proposed game which consisted of "scratching" a number that could allow her to win one of the prizes presented, and then to participate in a draw. The (...)

Valerie Marx Mergers: The Court of Justice limits the disclosure to third parties of the documents of institutions related to a concentration (Editions Odile Jacob and Agrofert Holding)


CJEU, 28.06.2012, Editions Odile Jacob and Agrofert Holding, cases C-404/10 and C-477/10 Two third party merger operators had been rejected by the Commission’s request for disclosure of all documents relating to these controls. The Tribunal had set aside both refusal decisions, finding that (...)

Valerie Marx Work on Sundays : The French Supreme Court holds that the company " made the workers work on Sundays, consequently the competitor had a legitimate interest in bringing the infringement to an end considering that he suffered damage as a consequence of a breach of equality" (Uneco/Chateaudis)


Cass. soc., 30 May 2012, Uneco c/ Chateaudis, n°10-25.349 The Court of Cassation has censured a court of appeal for declaring inadmissible a company’s summary proceedings action against a competitor located nearby, who opened his store on Sundays, in breach of the regulations on Sunday rest. The (...)

Valerie Marx Right of withdrawal : The French Supreme Court overturns an appellate court decision condemning the buyer of a real estate to pay the amount stipulated in the penalty clause of the sale agreement, given the fact that if the buyer has finally confirmed his will to buy the real estate, he had previously exerciced his right of retractation (Mme Y. c/ M. et Mme X.)


Cass. civ. 3, 13 March 2012, Mrs Y. v. Mr and Mrs X., Appeal No. 11-12.232 After having sold an immovable by private deed, the sellers claimed from the buyer, who had not repeated the sale by deed, the payment of the penalty provided for by the penalty clause stipulated in the promise to sell. (...)

Valerie Marx Significant imbalance: The Lille Commercial Court holds that two clauses in a large retailer’s general terms and conditions of purchase create a significant imbalance in favor of the retailer (Eurauchan)


In October 2009, the Minister of the Economy referred the case to the Lille Commercial Court, along with eight other courts, by the Minister of the Economy to "build up case law on the notion of significant imbalance" between suppliers and distributors, sanctioned by the new provisions of (...)

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