Centre de Droit de l'Entreprise (Montpellier)

Frédéric Leclerc

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

Frederic Leclerc is a professor at the University of Perpignan and a contributor to the Lettre de la Distribution.

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University of Perpignan
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University of Montpellier
France 22 contributions 3163 visits
University of Perpignan
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University of Paris I Panthéon-Sorbonne
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University of Montpellier
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Articles

2226 Review

Frédéric Leclerc Sudden termination: Difficulties of international jurisdictional competence in the matter of sudden breach of an established business relationship (Delta Temp NV / Delta Temp France)

138

The judgment under comment illustrates perfectly the difficulties involved in determining the internationally competent court in the presence of an action for liability for abrupt termination of an established commercial relationship. In this case, a company incorporated under Belgian law, (...)

Frédéric Leclerc Concurrent jurisdiction: The Court of Justice of the European Union rules that a tribunal chosen by way of a jurisdiction clause has jurisdiction to judge civil consequences of anticompetitive or unfair competition practices (Apple / MJA)

155

In the judgment under comment, the CJEU once again puts the spotlight on a little discussed aspect of CAP law, namely their civil sanctions, which, as we know, result in the nullity of the offending practice, and then in the possible civil liability of the various authors or participants in the (...)

Frédéric Leclerc Mandatory law: The Paris Court of Appeal persists in regarding section L.442-6, I, 5 of the French Commercial Code as a mandatory rule (Distri European Stock, El Wassila Cosmétiques, Beauté Shop / Clarins)

410

The judgment under comment is of particular interest to those interested in the question of the treatment of the sanction for the abrupt termination of a commercial relationship established in an international context. The case concerned a commercial relationship for the distribution of (...)

Frédéric Leclerc Conflict of jurisdictions: The Douai Court of appeal renders a judgement on the legal qualification of distribution agreements in private international law (JPD / Fabryka Mebli Spin)

118

The judgment under comment cannot fail to be of interest to those interested in the private international law of distribution. While it recalls solutions that are now well established, this judgment shows the developments that are taking place in this area, which no doubt explain the (...)

Frédéric Leclerc Commercial contract: The Court of Justice of the European Union renders a judgement on the competence of the Courts in damages actions on cross-border distribution networks (Lusavouga)

202

Before which jurisdiction, in the context of a distribution relationship of an international character, can the ousted concessionaire bring an action for compensation? More specifically, what is the situation where the grantor is established in a first State (Belgium), the concessionaire in a (...)

Frédéric Leclerc Jurisdiction clause: The French Supreme Court expresses doubts as to the applicability of a jurisdiction clause in the case of civil consequences of anti-competitive practices and prefers to stay the proceedings (eBizcuss / Apple)

27

Can a court chosen by a choice of court clause hear the civil consequences of anti-competitive practices or unfair competition?* In the judgment under comment, the Court of Cassation puts the spotlight on a little discussed aspect of the law of anti-competitive practices, i.e. their civil (...)

Frédéric Leclerc Jurisdiction: The French Supreme Court specifies that in the case of unlawful acts committed from foreign websites, the forum delicti lies in the ability or not to produce the alleged damage in France (Samsung Electronics)

55

International jurisdiction and violation of off-network resale prohibitions* By this judgment under commentary, the Court of Cassation draws the lessons from the judgment that the CJEU had given on its preliminary question on 21 December 2016, concerning the implementation in the context of (...)

Frédéric Leclerc Sudden termination: The French Supreme Court agrees to give effect to a contractual clause designating a foreign law in a dispute concerning the brutal termination of a commercial relationship, thereby affirming even more uncertainty (Bugaboo / Gamin Tout Terrain)

54

Abrupt termination of an established commercial relationship and private international law: more and more uncertainties* Even if it is not intended for publication, the judgment under commentary cannot but attract attention by the solution it adopts (I) and the questions it raises (II) on the (...)

Frédéric Leclerc Jurisdiction: The Paris Court of Appeal dismisses the jurisdiction clauses in favour of French law as the law of the place of occurrence of the damage suffered by the French hoteliers (Expedia)

53

Online hotel reservation contract and private international law: the follow-up to the Expedia case* The judgment rendered by the Commercial Court of Paris on May 7, 2015 in the Expedia case had aroused great interest among private international law enthusiasts. In addition to addressing in a (...)

Frédéric Leclerc Arbitrage: The French Supreme Court concludes that the arbitration clause is inapplicable in the context of a group of distribution contracts in a dispute relating to a management lease (Distri Dorengts / CPF and CSF)

46

Interesting clarifications on the regime of arbitration agreements in the context of a group of distribution contracts* The judgment under commentary will certainly be of interest to practitioners of distribution contracts, but also to arbitration law theorists. Faced with the interesting (...)

Frédéric Leclerc Competence: The French Supreme Court affirms the possible use of an arbitration agreement in the field of the brutal rupture of an established commercial relationship while raising as a principle the banning of jurisdiction clauses (Cabinet maîtrise d’œuvre / Lavalin)

40

Action for breach of an established commercial relationship and jurisdictional clause: yes to the arbitration agreement; no to the jurisdictional clause* The judgment under comment should not go unnoticed. While it reaffirms the possibility of using an arbitration agreement in the context of a (...)

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