Sibylle Chaudouet

University of Cergy Pontoise

Sibylle Chaudouet is a lecturer at the University of Cergy-Pontoise since 2019. She obtained her PhD degree in law at the University of Montpellier for a thesis dealing with “Le déséquilibre significatif” - about unfair contract terms in B2B, B2C and C2C relationships - under the supervision of Professor Nicolas Ferrier, which has been published in Bibilothèque de droit privé of the LGDJ. Her fields of research and teaching focuse mainly on contract law, consumer law and business law – especially distribution and competition law.


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Sibylle Chaudouet Significant imbalance: The Paris Court of Appeal tightens the analysis of the significant imbalance within a contractual arrangement (Profima Reunion ; Hyperbam ; Hyper-Soredeco ; Hyper CK)


The Minister of the Economy summoned three hypermarkets of the Carrefour brand located on the island of Reunion, as well as their central office, the company Profima, the four being subsidiaries of the same company (GBH). He accused them of having subjected their suppliers to a significant (...)

Sibylle Chaudouet Significant imbalance : The French Courts of Appeal continue to pave the way for the significant imbalance in civil law (SAS Entreprise de Construction DUART / SAS Societe Commerciale de Telecommunication ECOM) (SARL Côté Jardin / SARL Visuall Group)


This article was first published in the Lettre de la distribution published by the Centre du Droit de l’Entreprise of the University of Montpellier. While they are not the first to rule on the significant imbalance enshrined in common law by Article 1171 C. civ. Metz, Nov. 7, 2017, no. (...)

Sibylle Chaudouet Significant imbalance: The Paris Court of Appeal affirms the narrowing of the field of significant imbalance and clarifies the notion of commercial partnership (Cometik / Parfip, Locam)


Extension of the scope of significant imbalance and clarification of the concept of commercial partnership* Since the beginning of the rule on significant imbalance, financial leasing has been the subject of much litigation. The Paris Court of Appeal has once again ruled on a transaction of (...)

Sibylle Chaudouet Franchising: The French Supreme Court puts the rendering of account of the agent to the test of the burden of proof (N2DC, N2DCb / Alain Afflelou franchiseur, L’Opticien Afflelou)


Facts One of the Afflelou group’s companies acts as a central purchasing agent for two franchised companies under franchise and management-agent contracts. The latter companies claim that the central purchasing office has not returned to them all the advantages negotiated on their behalf (...)

Sibylle Chaudouet Significant imbalance: The Paris Court of Appeal issues three decisions on some aspects of significant imbalance (Garage D. / NBB Lease; Central Optics / La Poste; Sodicob 2000 / Haribo Ricqles Zan)


There are three decisions on significant imbalance, each dealing with different elements of this system, hence their successive treatment. First case (December 18, 2020) - No commercial partnership Facts Following malfunctions of the computer equipment supplied under a finance lease, the (...)

Sibylle Chaudouet Significant imbalance: The Paris Court of Appeal gives useful details on the lack of subjection to a significant imbalance (Plaisir Selection Japan / Organisation Intra groupe des achats)


1era case - Absence of tender in case of a call for tenders Facts. A company is entrusted by Orange with the connection and maintenance of its telecommunications network. Following a new call for tenders launched by the latter, the former was only selected for one sector and not for the (...)

Sibylle Chaudouet Significant imbalance: The Lyon Court of Appeal begins to pave the way for the significant imbalance in civil law (Green Day / Locam ; Totem menuiserie / Brico Dépôt)


The concept of significant imbalance, known from special consumer rights and restrictive practices, made a notable entry into ordinary law in article 1171 of the Civil Code. Here then come the first decisions handed down in application of this new rule, conceived, admittedly, as a genuine (...)

Sibylle Chaudouet Significant imbalance: The French Supreme Court rules on the burden of proof of the subjection to a significant imbalance in the retail sector (ITM Alimentaire International)


The Commercial Chamber has just closed one of the cases initiated following the so-called "Novelli" summons opposing the Minister of Economy to ITM International Food. But contrary to its predecessors who had unanimously condemned the supermarket chains, the Chamber rejects the Minister’s (...)

Sibylle Chaudouet Significant imbalance: The Paris Court of Appeal finds itself at prey to the torments of prescription of a claim based on a significant imbalance (Econocom France / Bois & Matériaux)


A major player in the distribution of wood and building materials has entered into a so-called "upgradeable" IT equipment rental contract with a specialised company, which is materialised by a contractual package and includes in particular a "technology exchange option" which consists of (...)

Sibylle Chaudouet Significant imbalance: The french Commission for examination of commercial practices gives the directions to save a significant imbalance from sanction (Textiles)


In any event, "despite the significant imbalance attached to this set of clauses, it is nevertheless possible for the provider to establish the absence of a significant imbalance in the commercial relationship, in particular by proving that the imbalance is compensated for by other contractual (...)

Sibylle Chaudouet Significant imbalance: The Paris Court of Appeal rules on the subjection of a trading partner to a significant imbalance (Bizcom Europe / Hewlett-Packard France...)


This commentary, which focuses on the submission to a significant imbalance, accompanied by some elements relating to the commercial partnership, concentrates on the judgment of 11 January 2019 (1st esp.) in the context of a tendering procedure, but also mentions certain contributions of two (...)

Sibylle Chaudouet Purchase obligation: The Paris Court of Appeal decides that a purchase obligation governing access to a network isn’t a restrictive practice (Centrale des Opticiens, FL2, Opti’bambins / Carte Blanche Partenaire)


A health platform whose services are intended for the policyholders of complementary health players (insurers, mutual insurance companies, etc.) has included in the agreement proposed in a call for applications to its healthcare network a new offer called Prysme requiring each optician wishing (...)



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