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).
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The judgment under comment comes on referral of a previously commented judgment (Com., 28 November 2018: Letter distr. 01/2019). The Parisian judges return to the confrontation between the franchisee’s freedom of association and its duty of loyalty to the franchisor. A dispute between the (...)
131
As a member of an alliance bringing together various distributors in the DIY sector (including the holding company that owns the BRICOMARCHE brand), ARENA (A) is responsible for carrying out studies to enable its allies to converge their purchases. Following a call for tenders, it informed the (...)
106
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 (...)
186
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 (...)
171
In 2007, BMC, a franchisee, entered into a 9-year franchise agreement with CDFI for the operation of a bakery business. In this context, it undertakes to obtain its supplies exclusively from BTB. In 2011, the franchisee informs the franchisor that it no longer operates the business under its (...)
144
In 2012, a franchise agreement is concluded in the field of professional credit brokerage, for a period of 5 years. In 2014 and 2015, the franchisee experiences cash flow difficulties, which it informs the franchisor of, and then suspends the automatic deductions of fees accordingly. (...)
144
The war of the food distribution networks continues. In January 2008, Établissements Dulac entered into a commercial lease with SCI Dulac for premises in which SCI Dulac operates a food distribution business under the "SPAR" banner as part of a franchise agreement with Casino. During the (...)
244
In 2005, a clothing retailer, E., signed a concession contract with BS for a clothing retail store in Bourgoin Jallieu. At the end of 2009, the company E. tacitly authorised the managers to sell the products of its brand in a second establishment, located in Tignieu-Jameyzieu, operated by the (...)
253
The war of the supermarket chains continues. In the present case, a franchisee under the Spar banner terminated the franchise agreement between it and the Casino group, citing malfunctions in the management software. It almost immediately informs the franchisor of the sale of the shares held (...)
303
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 (...)
210
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 (...)
185
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 (...)
340
L’espèce soumise à la Cour d’appel de Paris a donné lieu à diverses instances, en référé et au fond, devant les tribunaux de commerce de Lyon, de Carcassonne et de Marseille. Une société franchisée exploite une activité de commerce alimentaire de détail sous enseigne SPAR (points de vente de (...)
110
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 (...)
112
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 (...)
323
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 (...)
44
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 (...)
60
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 (...)
56
Franchise and post-contractual non-competition clause* In 2013, after having renounced the renewal of his contract and left the franchise network for the sale of single-family houses in "ready-to-finish", a franchisee continued his activity in defiance of the non-competition clause with (...)
46
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 (...)
43
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 (...)
73
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 (...)
