Centre de Droit de l'Entreprise (Montpellier)

Marie-Pierre Bonnet-Desplan

Centre de Droit de l’Entreprise (Montpellier), EY-Avocats (Montpellier)

Marie-Pierre Bonnet-Desplan is specialized in distribution law and intellectual property. She animates the national service competition-distribution. She intervenes more specifically in the organisation and follow-up of distribution networks in France and internationally, in the relations between suppliers and distributors and in the advertising and sales promotion sector.

Linked authors

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


2574 Review

Marie-Pierre Bonnet-Desplan Franchise :The Douai Court of Appeal rules on the nullity of a brand agreement triggered by deceit arising from failure to provide pre-contractual information (Cooloccaz / La Charlane)


Less than one year after having concluded, for the operation of a discount store, a contract of membership to a central purchasing office with the use of a common sign, the operator shall summon the central purchasing office for nullity of the contract for lack of pre-contractual information. (...)

Marie-Pierre Bonnet-Desplan Selective distribution : The Paris Court of Appeal confirms a sanction against a leader in garden machinery who imposed clauses restricting online sales to its distribution network (Stihl)


In 2018 (Decision No. 18-D-23 of 24 October 2018), the Competition Authority condemned Stihl and its parent company for having infringed the provisions of Articles 101 of the TFEU and 420-1 of the Commercial Code by restricting distance selling over the Internet from the sites of authorised (...)

Marie-Pierre Bonnet-Desplan Consumer contracts: The Court of Justice of the European Union considers that professionals are not required to provide additional information relating to a clearly stated provision, the legal effects of which may be established only by the interpretation of a national law provision and are not construed consistently in case law (Ottília Lovasné Tóth / ERSTE Bank Hungary)


Directive 93/13/EEC on unfair terms in consumer contracts contains an indicative list of practices which may be regarded as unfair in an annex. These include, respectively in points (m) and (q), terms which have as their object or effect "giving the seller or supplier the right to determine (...)

Marie-Pierre Bonnet-Desplan Exclusive distribution: The Paris Court of Appeal considers that the online sale in local currency is not an active sale entailing an infringement of the contractual exclusivity of the local retailer (Trevinvest / Kaporal)


Few judicial decisions on this subject have been handed down, even though these situations are multiplying. A ready-to-wear brand had entrusted a local distributor with the exclusive distribution of its products for Switzerland. A distribution contract was signed in 2006 and terminated in 2015 (...)

Marie-Pierre Bonnet-Desplan Selective distribution: The French Competition Authority considers that requiring from a selective distributor to impose on its online buyers to collect the bicycles ordered online from its physical point of sale qualifies as a de facto ban on online sales (Bikeurope / Trek Bicycle)


Willingly or unwillingly, brands under selective distribution now admit it: they cannot prohibit their physical distributors from reselling their products online. While they are gradually adapting their commercial policy and contracts to this situation, the past sometimes goes back to the past, (...)

Marie-Pierre Bonnet-Desplan Food distribution: The French Ministry of Economics and Finances releases two ordinances regarding liability actions for abusively low prices (Agricultural products and food)


The price of agricultural products and consequently of food products is once again the subject of particular attention. The first ordinances issued by the General States of Food were concerned with the selling prices of these products to consumers by regulating their promotions (raising the (...)

Marie-Pierre Bonnet-Desplan Franchise: The Angers Court of Appeal rules upon referral that the contract is terminated at the fault of the franchisor for non-performance, and concludes that the non-competition clause is inapplicable (Arcleman / Flora Partner)


A franchisee and the franchisor Flora Partner were in conflict. The case resulted in several court decisions. On reference (Com., 29 March 2017, No. 15-25742), the Court of Appeal of Angers had to determine the liability of each of the parties in the breach of the franchise agreement in view of (...)

Marie-Pierre Bonnet-Desplan Franchise: The Paris Court of Appeal rejects the franchisee’s demands, based on nullity for lack of pre-contractual information and lack of know-how (ECB Cash / Cash Converters Europe)


It is not uncommon for franchisees who are disappointed with the business they have undertaken to turn to the courts to obtain the nullity of the contract or, failing that, its termination at the franchisor’s expense and/or compensation for the franchisor’s failure to perform its obligations. (...)

Marie-Pierre Bonnet-Desplan Vertical restriction: A fashion brand is sanctioned for various restricting practices in the management of its selective distribution system in the European Union (Guess)


The American brand and its two "bridgehead" subsidiaries in Europe, companies under Dutch and Swiss law, chose in this case to cooperate with the investigation services, and it would no doubt have been difficult for them to do otherwise. The fine imposed was halved accordingly and ultimately (...)

Marie-Pierre Bonnet-Desplan Resale at loss: The French Supreme Court affirms a divergence with the Court of Justice of the European Union concerning the prohibition of resale at a loss between professionals (Club opticlibre / Alliance optique)


Prohibition of resale at a loss between professionals: divergence between our Court of Cassation and the CJEU?* A central purchasing body in the optical sector complains that its competitor, another central purchasing body, resold spectacles to its members below the price at which it had (...)

Marie-Pierre Bonnet-Desplan Selective distribution: The French Supreme Court censures the Paris Court of Appeal and specifies that the prohibition imposed on an authorised distributor to resell online via a marketplace does not in itself constitute a serious restriction (Caudalie / eNova)


Sale on internet platforms... still waiting* The suspense is great for the small world of selective distribution. Let’s recall the subject: can a brand under selective distribution legitimately prohibit its authorized retailers from broadcasting their sales offers on an Internet platform? Let’s (...)

Marie-Pierre Bonnet-Desplan Off-line sales: The Paris Court of Appeal confirms the conviction of a company for online resale outside the selective distribution network (Brandalley / L’Oreal)


Selective distribution and parallel sales on the Internet* Does this decision show a tendency to be more rigorous in the face of sales outside the selective distribution network? One recalls the decision rendered last May by the same Court, composed otherwise, severe towards the company Coty (...)

Marie-Pierre Bonnet-Desplan Backdated document: The Paris Court of Appeal sanctions the presentation of a disclosure document that complies with legal requirements but is backdated to make it appear that it was delivered within the legal time limit (Casino)


The DIP was backdated...* A food retailer signs a supply contract and a brand contract with a EURL for the operation of a small convenience store. After 6 months of operation, the operator complained of a 30% loss of turnover which he attributed to the change in pricing policy of a store of (...)

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