Centre de Droit de l'Entreprise (Montpellier)

Marie-Pierre Bonnet-Desplan

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

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)

Articles

1977 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)

71

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)

232

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)

84

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)

258

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)

259

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)

151

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)

152

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)

101

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)

302

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 (...)

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