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).
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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 (...)
150
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. (...)
106
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 (...)
85
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 (...)
89
The Minister of the Economy had intervened in the proceedings brought by the victim of a brutal termination of an established commercial relationship, with a view to the imposition of a civil fine on the perpetrator of the termination. His request having been rejected, he renewed it by (...)
129
Paris CA, 06.11.2012, Ineo Réseaux Sud Ouest, RG n° 11/20733; GCEU, 14.11.2012, Prysmian v. Commission, case T-140/09; CJEU, 22.11.2012, E.ON Energie v. Commission, case C-89/11P In a first case, an undertaking which had lodged an appeal against the visits and seizures carried out on its (...)
102
Cass. com, 09.10.2012, Santéclair, Appeal No. 11-24.542 Following the reorganization of its network, an insurance company had refused to re-affiliate several members operating optical stores. The latter had sued it for anti-competitive practices and ordered it to provide a list of selection (...)
145
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 (...)
68
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 (...)
141
ECHR, 3 July 2012, Robathin v. Austria, Application No. 30457/06 An Austrian lawyer suspected of theft, embezzlement and fraud against two of his clients complained about the global seizure of his electronic data ordered by an investigating judge. While the ECHR considers that the overall (...)
122
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 (...)
110
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 (...)
170
Aut. conc., 11 May 2012, dec. no. 12-D-12 relating to the situation of the Colruyt Group with regard to I of Article L. 430-8 of the French Commercial Code. The Competition Authority sanctions a company for failing to notify a transaction carried out in 2009. According to it, this is a (...)
89
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. (...)
81
Administrative Court of Appeal of Bordeaux, January 24, 2012, Jodibois, n° 10BX02695 A commercial agent who had taken the initiative to break his contract claimed to be entitled to the statutory severance pay. A court of appeal had upheld his claim, considering that the termination of the (...)
262
Cass. com, 18 October 2011, Lina’s development c/ K3, Appeal No. 10-23524 Comment A franchisor had entered into a franchise agreement with a company for the operation of a concept for the manufacture and distribution of high-end sandwiches. The franchisee had obtained from the trial judges (...)
395
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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