University of Montpellier Centre de Droit de l'Entreprise (Montpellier)

Anouk Bories

University of Montpellier, Centre de Droit de l’Entreprise (Montpellier)
Lecturer

Anouk Bories is a lecturer in private law, at the University of Montpellier (Centre du droit de l’entreprise, Faculty of law of Montpellier). She heads the professional license of notary professions. She teaches contract law and patrimonial family law (matrimonial law, inheritance law). She also teaches rural law, discipline in which she publishes court decisions abstracts in the Lamy Revue des loyers, every month. Her research revolves mostly around business contract law, especially franchise agreement and takes part in La lettre de la distribution on these topics (distribution Law review published every month by Le Centre du droit de l’entreprise, at the Faculty of law of Montpellier). She lastly contributes to the annual assessment of the jurisprudence concerning restrictive competitive practices, by Le centre du droit de l’entreprise, for the Commercial Practices Study Commission (CEPC).

Linked authors

University of Toulouse
KLYB (Montpellier)
Centre de Droit de l’Entreprise (Montpellier)
University of Montpellier
Centre de Droit de l’Entreprise (Montpellier)

Articles

2928 Review

Anouk Bories Franchise: The Douai Court of Appeal rules that the franchise agreement and the sale of animals and materiel are not indivisible (Manufacture and marketing of donkey milk products)

86

The parties to the dispute had entered into talks in early 2016 for the sale of soap-making equipment and, in particular, a herd of donkeys to produce milk for cosmetics. A draft franchise agreement is then being discussed, with the owner of the herd having specific know-how in the manufacture (...)

Anouk Bories Sudden break: The European Court of Human Rights judges that the civil fine of the L442-6 article of the French commercial code can be attributed to the absorbing company (Carrefour / France)

170

The decision handed down on 1 October 2019 by the European Court of Human Rights lies at the confluence of the law on practices restricting competition, company law and the fundamental principles of our law, more particularly the principle of the personal nature of offences and penalties, a (...)

Anouk Bories Franchise: The Court of appeal of Limoges orders the transfer of the franchise contract under article L642-7 of the french commercial code (Pata Manosque, Flamayo, DMS Restauration / La Pataterie)

268

The dispute submitted to the judgment under comment finds an unprecedented outcome. The master franchisee for a specialised entered into various franchise agreements, just a few months before the opening, concerning him, of receivership proceedings, which were subsequently converted into (...)

Anouk Bories Non-compete clause: The Commercial Chamber of the Supreme Court resolves the conflict between fundamental freedoms and franchise agreements (Educinvest / Sud Ouest campus)

189

In the case under comment, the freedom of association of the franchisee, faced with its duty of loyalty to the franchisor, was at issue, as was its entrepreneurial freedom, restricted by a non-competition clause with post-contractual effect. The dispute had arisen between the franchisor and (...)

Anouk Bories Non-competition clause: The summary judgment magistrate of the Paris Court of appeals invalidates a non-competition clause inconsistent with the article L. 341-2 of the commercial Code (Era France / Vision Méditerranée Immobilier)

155

Linked to the franchisor since 2003, for the operation of a real estate agency in Antibes, the franchised company notified the franchisor in 2016 of its intention not to renew the contract, which was concluded in 2012 and expired on January 6, 2018. A few weeks after the expiry of the contract, (...)

Anouk Bories Franchise: The Paris Court of Appeal defines the sanction applicable in the event of a breach of the pre-contractual duty to disclose information (Emirates Global / Du Pareil Au Même)

94

The question of the effectiveness of the clause by which the franchisee acknowledges having received a complete PIL that complies with the legal requirements becomes a classic one. The Paris Court of Appeal again pronounced itself, in the judgment under comment. In 2009, a company incorporated (...)

Anouk Bories Termination: The Paris Court of Appeals rejects the argument that fallacious motives automatically constitute a fault in the termination of a supply contract (Disphar / Annick G.)

99

The dispute before the Paris Court of Appeal was between a supplier of cosmetic products and its exclusive distributor on Italian territory. The contract had been concluded for three years since 1998 and had been renewed from year to year. In 2012, at the time of a change in the network’s (...)

Anouk Bories Termination of commercial relations: The Paris Court of Appeals adopts a realistic approach in its assessment of brutality, in line with the interpretation of the French Supreme Court (Prodif Réunion)

299

In the judgment under comment, a distributor criticises the supplier for having abruptly and abusively terminated their business relationship. It is not disputed that the partners had had an established commercial relationship for five years, the supplier of first aid products and food (...)

Anouk Bories Non-competition clause: The Paris Court of appeal looks for balance in the performance of a non-reaffiliation obligation with post-contractual effect in summary proceedings (A. Optique / Alain A. Franchiseur)

25

Summary enforcement of a non-reaffiliation obligation with post-contractual effect: judges seek balance* In the judgment under comment, the Paris Court of Appeal rules on the enforcement of a non-reaffiliation obligation with post-contractual effect. It thus returns to the conditions for the (...)

Anouk Bories Breakdown of talks: The French Supreme Court confirms that there is no fault in the case of a breach of contract when the preliminary contract does not constitute a sale (Jacqui B)

34

Breach of contract, severability, indifference of motive and economy of the transaction* The facts at the origin of the dispute decided by the Third Civil Chamber of the Court of Cassation on 7 September 2017 will appear complex. In 2006, a company operated a hotel business in a building that (...)

Anouk Bories Franchise: The Colmar Court of Appeal accepted the contractual fault invoked by the third party and surprisingly dismissed the latter on the grounds of the damage suffered (Julman / Hypromat)

19

The elephant did not cheat very much* A dispute arose between a franchisor and its franchisee and the transferee of the latter’s business, in the context of a network of car wash centres. More than three years after the end of the franchise agreement, which the parties did not renew, the (...)

Anouk Bories Franchise: The French Supreme Court confirms a decision of the lower courts imposing an obligation to renegotiate in the light of the duty of good faith exacerbated by an agreement signed between the parties (Holder / Gilon...)

26

Franchisor’s disclosure and renegotiation duties* Under a memorandum of understanding signed in 2004, the franchisor of a bakery and pastry shop network gave a company exclusive rights to open franchises under its name in three departments in the south of France, in exchange for a development (...)

Anouk Bories Franchise: The French Supreme Court confirms the Court of Appeal’s finding of pre-contractual fault on the part of the franchisor and eradicating the exemption from liability clause for having provided a business forecast in circumstances revealing a serious lack of seriousness (CP Création)

45

DIP and unrealistic forecasts: the clause excluding the franchisor’s liability is deemed unwritten* In the decision under comment, the Cour de cassation once again returns to the question of the pre-contractual information provided by the franchisor to the franchisee on the basis of the public (...)

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