Mary-Claude Mitchell

WM LAW (Paris)
Lawyer (Partner)

Mary-Claude Mitchell, after having spent 14 years at LPLG Avocats (Paris), joined the Paris office of WM LAW. She began her practice with Robert Collin, recognized lawyer specialized in competition and intellectual property law and became his partner in 1987. She has acquired a recognized expertise in French and European competition, distribution and consumer law as well as in intellectual property law for clients which act in diverse sectors (luxury, upmarket distribution, agri-food, high-tech equipment, hardware equipment, communication…). Thus, she assists the firm’s French and foreign clients among other things in the creation of distribution networks and contracts and adapting to e-commerce, litigations before the French and E.U. competition and antitrust agencies, criminal proceedings within unfair practices and deceptive advertising, trademarks, designs and copyrights counterfeit, counselling in marketing operations and contracts in light of consumer law. Aside from this counselling and litigation expertise, she is an active member of several associations: the AFEC (French Competition Law Association) and the LIDC (International League of Competition Law) as respectively Vice-President and former President, the APRAM (French Association of Trademarks and Designs Legal Practitioners), the French Group of the International Association for Protection of Intellectual Property, the AAPI (Industrial Property Lawyers Association). She also has a regular doctrinal activity as author of two sections in the Dictionnaire Permanent de Droit Européen (European Law Manual), of regular articles in Concurrences (Antitrust Journal) and the Revue Internationale de la Concurrence (International Competition Journal).

Linked authors

European Court of Justice (Luxembourg)
Université Toulouse 1 Capitole
University Lille 2
CCI Paris Ile de France
UFC - Que choisir (Paris)
Ashurst (Paris)
Linklaters (Paris)
Linklaters (Paris)

Articles

124332 Review

Mary-Claude Mitchell Sudden break: The Paris Court of Appeal rules that a unilateral modification of tariff conditions without any notice period and the cancellation of an exclusivity clause constitute a sudden breach of established commercial relationships (Hammel / Medimat)

154

The contours of the notion of abrupt termination of established commercial relations have been established over time by case law. It is known that, in accordance with article L. 442-6-I-5° C. com. (now L. 442-1-II), a person who breaks, even partially, an established commercial relationship (...)

Mary-Claude Mitchell Exclusive jurisdiction: The French Supreme Court confirms and states the new rules relating to the jurisdiction of the Courts of Appeal for the application of Article L.442-6 of the French Commercial Code as well as their application over time (Boutique le Fouilleur / Loisirs Détections et Monnaies et Détections...)

191

One recalls the judgements of 29 March 2017, in which the Court of Cassation reversed its case-law concerning the exclusive jurisdiction of the Paris Court of Appeal to hear disputes relating to the application of article L. 442-6 of the Covenant (see Concurrences No. 2-2017, commentary M.-C. (...)

Mary-Claude Mitchell Rule prohibiting simultaneous actions: The French Supreme Court assesses that an applicant may bring an action simultaneously based on contractual and tortious liability (CRG / ADF)

95

What is the nature, whether contractual or tortious, of an action for the abrupt termination of an established commercial relationship, and does the fact of bringing an action of a contractual nature preclude the plaintiff from relying on the abrupt termination of an established commercial (...)

Mary-Claude Mitchell Sudden termination: The French Supreme Court rules that a succession of fixed-term contracts does not exclude the existence of an established commercial relation (Mobil Petroleum Corporation / Auto Racing)

101

In this case, the parties were bound by one-year fixed-term distribution contracts in which no tacit renewal was expressly provided for. The Court of Cassation, noting that, on several occasions, relations had continued after the contract expired, before a new contract was signed, inferred (...)

Mary-Claude Mitchell Sudden termination: The French Supreme Court rules that the non-compliance with an objective of turnover stipulated in the contract does not characterize a serious misconduct which could justify a termination without prior notice (AMT France / SB Electronic)

101

In this case, the contract provided for an obligation on the part of the distributor to achieve a certain amount of turnover, as well as an immediate suspension of the performance of the contract in the event of a serious and flagrant breach of a contractual clause. The Court of Appeal had (...)

Mary-Claude Mitchell Notification of the termination: The French Supreme Court reasserts that a written notification of the termination of established commercial relationships is required notwithstanding whether the termination was predictable (Flor de Selva / S-Team Net Intégral)

84

The abrupt termination of established commercial relations has been the subject of abundant litigation which, over time, has clarified, in particular, the concept of established commercial relations, the conditions of brutality, the reparable damage, and the procedural regime of article L. (...)

Mary-Claude Mitchell Sudden termination: The French Supreme Court finds sudden the termination of established business relationships following the launch of a call for tenders, since no written evidence of the call for tenders was justified (Square / Boiron)

126

Under what conditions does the launch of a call for tenders constitute notification of the termination of established business relations and the starting point of the period of notice? This is the question answered by the Court of Cassation in its ruling of 14 February 2018. The case was (...)

Mary-Claude Mitchell Appeal: The French Supreme Court extends the new jurisdiction rules resulting from its change of practice in its March 29th, 2017 decisions to investigation measures ordered before legal proceedings on the basis of Article 145 of the French Civil Procedure Code (Casino and IF Investissements / Seloso)

102

The Court of Cassation adds a small stone to the edifice concerning the jurisdiction of the specialized courts and the Paris Court of Appeal for actions for abrupt termination of established commercial relations. One recalls the important reversal made by the Court of Cassation, in its rulings (...)

Mary-Claude Mitchell Contract forecast: The French Supreme Court rules that seriousness of the breach justifies an immediate termination of commercial relationships notwithstanding contract forecasts (Chiron / Lucie)

106

This is what emerges, in substance, from the judgment of the Court of Cassation of 8 November 2017, which gave precedence to the text of Article L. 442-6-I-5° over the provisions of the contract that defined the failures of one of the parties, authorising the other to terminate it without (...)

Mary-Claude Mitchell Commercial agents: The French Supreme Court confirms that Article L. 442-6, I, 5° does not apply to end of commercial relations between a commercial agent and its principal (Velati c/ Poular)

72

The solution had already been laid down by the Court in a judgment of 3 April 2012 (Cass. com., 3 Apr. 2012, Etablissements Gabriel Boudier v Baron Philippe de Rothschild France distribution, no. 11-13527, commentary by Muriel Chagny, editor).). It is forcefully reaffirmed in this cassation (...)

Mary-Claude Mitchell "Established" character of the relation: The French Supreme Court rules that there is no established commercial relation when a consultation is always preceding a subcontracting work order, even when the sub-contractor has been chosen for many years (Fives Cryo)

97

The analysis is in line with the long-standing view that, on the one hand, the launch of a call for tenders is equivalent to notification of the breach and the starting point of the notice period (Cass. com., 8 Dec. 2015, No. 14-18228, commentary by Mary-Claude Mitchell, "The use of a call for (...)

Mary-Claude Mitchell International distribution agreement: The French Supreme Court considers that a contractual provision submitting future litigations to a foreign law has to be applied to an action relating to a sudden breach of commercial relationships (Bugaboo International c/ Gamin Tout Terrain)

302

Can the effects of Article L. 442-6, I, 5° C. com. be set aside on the occasion of the termination of an international distribution contract which provides for the applicability of foreign law in the event of a dispute? It is on this thorny issue that the judges of the Court of Cassation (...)

Mary-Claude Mitchell Sudden termination: The French Supreme Court recalls that the unilateral change of substantial conditions in a commercial relationship is likely to be analysed as sudden termination pursuant to Article L. 442-6, I, 5° of the French Commercial Code (Hammel / Medimat)

108

The solution, laid down in particular by the Paris Court of Appeal on 14 December 2016 (RG No. 16/22216), concerning the application of a new price scale by a manufacturer substantially modifying the commercial conditions between the parties, is applied here to the hypothesis of a modification (...)

Mary-Claude Mitchell Sudden termination: The French Supreme Court assesses the sudden termination of commercial relationship of the parties as expressed in their agreement (Établissements Jean X / Massey Ferguson)

171

The commented decision is an opportunity for the High Court to reconsider the terms and conditions for the termination of a distribution contract. It recalls here the importance of the contractual terms and the common will of the parties in organising the termination of commercial relations (...)

Mary-Claude Mitchell Jurisdiction of the Paris Court of Appeal: The French Supreme Court reverses its analysis on the exclusive jurisdiction of the Paris Court of Appeal for the litigations relating, in particular, to the sudden breach of established commercial relationships (Société de distribution Corse / Mme Angeline ; Fascom International / Usinière de Bois Chéri)

201

In two rulings of March 29, 2017, the Court of Cassation reversed a well-established case law, which tends to submit to the Paris Court of Appeal alone all disputes relating (among other things) to the abrupt termination of established commercial relations. Articles L. 442-6-III and D. 442-3 (...)

Mary-Claude Mitchell Tort: The French Supreme Court underlines the relevance, for the victim of the breach of commercial relationships, of a tort action based on article L.442-6-I-5° of the Commercial Code (Mayet / Nebot)

115

The case, which was the subject of the Court of Cassation’s ruling of January 11, 2017, involved, among others, Société Impression, Xerox’s concessionaire for 17 years under several successive concession agreements, against which the latter had proposed a new division of the contractual scope of (...)

Mary-Claude Mitchell Forseeable termination : The French Supreme Court rules that a foreseeable contract termination is not sudden and does not give rise to damages (Seraphin / Louis Vuitton Malletier)

103

In reaching that conclusion, the Court notes, first, that relations between the parties were not formalised by any contract, did not include any guarantee of minimum orders and that turnover was highly fluctuating depending on the year and the collection, and, second, that relations between the (...)

Mary-Claude Mitchell Economic dependence: The French Supreme Court rules that the economic dependence is not a condition for recognition of a sudden termination of established commercial relationship (Media International)

189

As early as 2004, the Court of Cassation had ruled that the abrupt termination of established commercial relations can be established independently of any situation of economic dependence (Cass. com. 17 March 2004, No. 02-17575). It is even more clearly reaffirmed in its ruling of 16 September (...)

Mary-Claude Mitchell Sudden termination: The French Supreme Court rules both on conflict between European Union law and national law on the issue of prior notice to grant in case of sudden termination of established business practices and on the indemnisation issue of the sudden termination (BMW / Taurisson)

130

The case, which was the subject of the Court of Cassation’s ruling of 5 July 2016, involved Société Taurisson, BMW’s dealer, against whom the latter had notified its intention not to renew the contract, in compliance with the six-month notice period provided for by Regulation (EC) No 1400/2002 then (...)

Mary-Claude Mitchell Termination of commercial relationships: The Paris Court of Appeal rules, after an interlocutory proceedings where it imposed to carry on the business for a period of two and half years, that the supplier suddenly terminated business relationships with its customers but refuses to condemn for compensation due to the absence of proof of harm to compensate (D’Anjou e.a. / L’Ammoniac Agricole e.a)

77

This case gave rise to two procedural episodes opposing Société L’Ammoniac Agricole, a supplier of anhydrous ammonia, to its purchasers. Initially, after this company sent them a letter in January 2010 announcing its decision to cease its activity at the end of the 2010 campaign and to dissolve (...)

Mary-Claude Mitchell Sudden termination: The Paris Court of Appeal considers that a buyer is entitled to breach an established commercial relationship without having to grant a notice period when the supplier of food products has delivered products inconsistent with the contractual specifications and with the applicable regulations (Maître Piolet, è. s. / Synergie)

1783

To what extent can a central purchasing body terminate a food supply contract without notice because of problems with the quality of the products delivered? This is the question answered by the Paris Court of Appeal in its judgment of 10 February 2016. The case pitted Groupe Leclerc’s central (...)

Jean-Marie Garinot, Mary-Claude Mitchell, Michaël Cousin, Pauline Debre, Simon Corbineau-Picci Currentness of intellectual property rights and competition law (Paris, June 26th, 2015)

797

The conference that took place in Paris on 26th of June, 2015 provided the opportunity to return to the actuality of intellectual property law and competition law. Simon Corbineau-Picci and Pauline Debré open the debates about the rights and duties of the holder of an essential patent to the (...)

Mary-Claude Mitchell Sudden termination: The Paris Court of Appeal considers that a decline in order of a third within two years motivated by economic conjuncture cannot be deemed as a sudden termination of commercial relationships (Abbax France / Sullair Europe)

336

This solution is in line with that already put forward by the Cour de Cassation, which ruled out any suddenness of the break when a decrease in the turnover usually achieved with a subcontractor is explained by a decrease in the orders received by the client (CA Paris, 4 April 2013, RG n° (...)

Mary-Claude Mitchell Denial of justice: The French Supreme Court sanctions a denial of justice from two decisions involving the same parties (Naudet Sapins de Noël / Castorama France)

151

The first judgment, of the Douai Court of Appeal, had declared inadmissible the appeal lodged before it in disregard of Decree No. 2009-1384, which gave exclusive jurisdiction to the Paris Court of Appeal to hear appeals concerning the termination of established commercial relations. The (...)

Mary-Claude Mitchell Breach of business relations : The French Supreme Court considers that a sale of business does not automatically lead to the transfer of the seller’s business or contractual relations to the purchaser (Vivien, Poitou Boissons)

156

Can the business partner of the transferor of a business take advantage of the seniority of his relationship with the transferor when the transferee notifies the termination of the relationship? This is the question submitted to the Court of Cassation in the case that gave rise to its ruling (...)

Mary-Claude Mitchell Resale outside the network : The Paris Regional Court adopts a very restrictive interpretation of the conditions of application of article L.442-6-I-6° of the Commercial Code (Swatch)

216

As is well known, the selective distribution contract is based on the selection, by the head-network supplier, of resellers capable of ensuring a qualitative distribution of its products and on the reservation of the sale of the products to members of the network thus formed, by prohibiting (...)

Mary-Claude Mitchell Economic dependency : The French Supreme Court applies the provisions of the Code of commerce to the sport field and confirms that the economic dependency of the victim of the termination of the commercial relationship only has an impact on the length of the notice period (BAO / Canal Plus)

191

Regular readers of this section are aware that the provisions of Article L. 442-6-I-5°, originally designed to rebalance commercial relations between mass retailing and its suppliers, relating to the sudden termination of established commercial relations, have seen their scope of application (...)

Mary-Claude Mitchell Distribution: The Paris Court of Appeal considers that the supplier, head of a selective distribution network, is entitled to put an end to the contractual relationship with his agreed resellers provided that the termination is in compliance with the notice period as stated in the agreement (Cartier)

163

CA Paris, 29 January 2014, RG n° 12/08976, Cartier c/ Hanna Under what conditions may the supplier, as the head of a selective distribution network, terminate without brutality its commercial relations established with its authorised distributors? Such is the question submitted to the Paris (...)

Mary-Claude Mitchell Breach of contractual commitments : The French Supreme Court considers that the breach of non-perennial commercial relationships, based on an infringement of the other party’s obligations, may be legitimate (Le Joint Français (LJF) / Multimodal Transport)

148

These are the lessons of the Court of Cassation’s ruling of 13 November 2013, which introduced two limits to the benefit of the provisions of Article L. 442-6-I-5° of the Commercial Code. The case was between a manufacturer of spare parts for the automotive industry, Le Joint Français (LJF), and (...)

Mary-Claude Mitchell Sudden breach of commercial relationships: The Paris Court of Appeal brings limits to the action exercised concurrently on the foundation of a sudden breach and a significant imbalance (Omnitrade/Poweo Direct Energie)

170

Actions, based both on the abrupt termination of established commercial relations and on the notion of a significant imbalance in the rights and obligations of the parties, are bound to develop. This is evidenced by the case before the Paris Court of Appeal involving Omnitrade and Poweo Direct (...)

Mary-Claude Mitchell Sudden breach: The Cour de cassation judges that to estimate the responsibility of the author of a break of established business connections, it is advisable to take into account the duration of the actual advance notice and not the one initially notified (Sélection Diffusion Vente/Santa Maria, Santa Maria Belgium & Bruce Foods Europe)

95

In so doing, the Court of Cassation dismissed the appeal brought by Société Diffusion Vente against the judgment of the Bordeaux Court of Appeal, which had ruled out any brutal severance of relations, considering sufficient the total duration of the notice period granted to the company, covering (...)

Mary-Claude Mitchell Sudden breach: The Cour de cassation judges that in the presence of mails showing the intention of an automobile manufacturer not to pursue in their term the business connections on the previous conditions, the Limoges Court of Appeal could not condemn him for the payment of damages for not respected advance notice (BMW France/Taurisson)

137

One recalls that the Limoges Court of Appeal ( February9, 2012, BMW France v. Taurisson, this review Concurrencesn° 04-2012, p. 100, comment M.-C. M.) had ordered BMW to compensate its dealer for not renewing its contract when it expired without giving notice. In order to do so, the Court (...)

Mary-Claude Mitchell Break in trade relations: The Paris Court of Appeal rules on the duration of the notice period, as well as on the way damages must be assessed, in case of sudden break in trade relations in the field of services (Textile/Coopérative Groupement d’Achats des Centres Leclerc Gallec)

236

CA Paris, March 7, 2013, Textile Assistance c/ Coopérative Groupements d’Achats des Centres Leclerc Gallec, RG n° 11/16439 While the notion of abrupt termination of established commercial relations has been the subject of numerous decisions concerning the purchase and distribution of products, (...)

Mary-Claude Mitchell Sudden breach: The Cour de cassation makes the measures of the decree of December 26th 2003, applicable to subcontracts in the road transports, prevail, planning a term of notice of 3 months when the duration of the relations is 1-year-old superior, on those of the article L. 442-6-I-5 ° C. com (Transcoba/CPS)

97

Its position on the subject has varied over time (see this heading ConcurrencesNo. 4-2010, commentary M.-C. M.). On the other hand, the fact that the relationship continued, even if only for a few weeks, after the expiry of the notice period, obliges the breaker to give a new notice period to (...)

Mary-Claude Mitchell Partial breach: The Paris Court of Appeal judges that a significant downturn in activity caused by the crisis does not correspond to a sudden termination of established business relations> (Darty & Fils/MBCO)

155

CA Paris, April 4, 2013, Darty & Fils v MBCO, RG 10/02735 Statistically, there are few cases in which an action for abrupt termination of established commercial relations is not upheld, on the grounds that it is actually the plaintiff in the action who is responsible for the termination (...)

Mary-Claude Mitchell Sudden termination: The Court of cassation confirms the position of the Paris court of appeal on the application of the notion to the field of television production services (France Télévisions/Planète Prod. & Presse Planète)

121

Cass. com, 25 September 2012, Appeal Nos. 11-24425 and 11-24627, France Télévisions v. Planète Prod. and Presse Planète The Court of Cassation has just handed down a ruling in the turbulent dispute that has been opposing France Télévisions to the company Planète Prod and its subcontractor, Presse (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Paris Court of Appeal confirms the particular interpretation of the notions of sudden termination of established commercial relationships in the field of fashion (Seraphin/Louis Vuitton Malletier)

196

The case before the Paris Court of Appeal pitted the well-known company Louis Vuitton Malletier (LVM) against one of its suppliers, Seraphin, a designer and manufacturer of luxury skin clothing for men. Relations between the parties had been regular since at least 2001. In September 2009, (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Court of Cassation rules on the consequences of a suspension of a commercial relationship on its duration (Nike European Operations Netherlands/Vanam)

416

Cass. com, 15 November 2011, Nike European Operations Netherlands v. Vanam, No. 10-25472 The notion of established commercial relations has been defined and refined over time by the Court of Cassation. It refers to a relationship, whether or not based on a written contract, which may take (...)

Mary-Claude Mitchell Sudden termination: The Limoges and Versailles Courts of Appeal adopt a strict interpretation of the form under / which the termination of a commercial relationship should be notified (BMW France/Taurisson, BMW France/Paris Ouest Service)

183

Litigation concerning the abrupt termination of established commercial relations, initially thought to concern mainly relations between suppliers and large retailers, has in fact had a much wider scope, since it has to date been illustrated in many other fields of activity, such as audiovisual (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Versailles Court of Appeal contests the principle according to which an invitation to tender starts the notice period (Laurent de Funès/Toyota France)

295

Article L. 442-6-I-5° obliges, as is well known, anyone who intends to terminate an established business relationship to give prior written notice to his partner, taking into account the duration of the business relationship. Abundant case law has held in this respect that the launch of a call (...)

Mary-Claude Mitchell Selective distribution: The Court of Cassation rules that in order to obtain the end of internet sales by a pure player, who does not belong to the selective net, the producer has to prove first that his contract is not an anticompetitive practice (Pierre Fabre dermo-cosmétique)

606

Cass. com, 21 June 2011, Easyparapharmacie c/ Pierre Fabre dermo-cosmétique, n° 09-70304 Far from being impregnable, the "fortress" (according to A.’s expression. Pirovano, "Les transformations de l’ordre privé économique : l’exemple des réseaux de distribution sélective", in Philosophie du droit et (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Paris Court of Appeal decides that the supplier reorganizing its network and reducing the number of approved retailers must comply with the obligation to grant a sufficient notice period (Sagil/Audemars Piguet France ; Alain Michal/Audemars Piguet France)

648

CA Paris, 23.03.11, Sagil v. Audemars Piguet France, 09/17149 CA Paris, 23. 03. 11, Alain Michal v. Audemars Piguet France, 09/17148 Are the provisions of Article 442-6-I-5° of the Commercial Code applicable to the termination of contracts of approved retailers motivated by a restructuring of (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Paris Court of Appeal rules on the question of whether a continuous commercial relationship may be characterized in case of relationship with successive, different partners (Figaromedias/Studio Calcagno)

842

The decision of the Paris Court of Appeal of 4 March 2011, handed down in a case opposing the Company Publiprint (now Figaromédia) and the Italian law company Studio Calcagno, is of interest to return to the twofold question of the seniority of the relations to be taken into account in (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Paris Court of Appeal rules on the conditions of the sudden termination of commercial relationships (Contracting and Trading/Walt Disney)

719

CA Paris, ch. 5-5, 3 February 2011, Contracting and Trading Co Ltd v/ The Walt Disney Company, RG 08/18087 The contours of the various conditions contributing to the notion of abrupt termination of established commercial relations are enriched by case law. This is evidenced by the decision of (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Court of Cassation rules that either the termination of a commercial relationship is based on a serious breach, and no notice period must be granted, or the breach is not serious and the notice period must be adequate (Startex/Finot et Compagnie)

832

Cass. com, January 18, 2011, Startex v. Finot and Company, No. 10-11611 Breaking up for fault without notice or breaking up without fault with sufficient notice: you have to choose. This is, in a way, the lesson that can be drawn from the ruling of the Court of Cassation of 18 January 2011, (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Court of Cassation rules that the supplier may refuse orders from its distributor during the notice period, when the existing stocks enable the distributor to play its part until the end of the notice period (Brasserie du Pacifique/Lesieur)

937

It is well known that whoever intends to break an established business relationship must, in accordance with Article L. 442-6-1-5° of the Commercial Code, give his partner sufficient written notice. The sufficient length of the notice period has been the subject of extensive case law, which is (...)

Mary-Claude Mitchell Sudden termination of commercial relationships: The Court of Cassation reduces the scope of customs and interprofessional agreements for the assessment of the duration of the notice period (Transports Graveleau/CFF)

1276

Cass. com, 21 September 2010, Transports Graveleau c/ CFF, n° 09-15716 The field of transport has already been a major source of litigation concerning the abrupt termination of established commercial relations, which has been enriched by a ruling of the Court of Cassation on 21 September. (...)

Mary-Claude Mitchell Notion of sudden termination of commercial relationships : The Court of Cassation opens a split in the interpretation of the notion of sudden termination of commercial relationships (Planète Prod ; Presse Planète ; France Télévisions ; France 2)

1804

Cass. com, 18 May 2010, Planète Prod et Presse Planète c/ France Télévisions and France 2, n° 08-21681 This is the question raised by the reading of the Court of Cassation’s decision of 18 May 2010. The case was between Société Planète Prod, a designer and producer of magazines, documentaries and (...)

Mary-Claude Mitchell Conditions of qualification of a sudden breaking-off: The Montpellier Court of Appeal interprets the conditions of qualification of a sudden breaking-off of commercial relationships (Supra/Société d’Exploitation des Cheminées Christian)

1960

The interpretation of the legal conditions to which the notion of abrupt termination of established commercial relations is attached is clarified and enriched by the decisions of the judges on the merits of the case, under the careful supervision of the Court of Cassation. In this respect, the (...)

Mary-Claude Mitchell Granting of a sufficient advance notice: The Court of Cassation gives another example of fault for sudden break in trade relations and reaffirms the requirement of an adequate notice (Panzani ; Saint Jean ; SNFA ; Jeudy Agriculture Service)

2826

Cass. 1st civ. 24 September 2009, Panzani v. Saint John, n° 08-14524 Cass. com, 27 October 2009, SNFA c/ Jeudy Agriculture Service, No. 08-19396 As has already been pointed out, the requirement of sufficient advance notice is at the heart of the provisions of Article L. 442-6-I-5° C. Com. (...)

Mary-Claude Mitchell Sudden breaking of commercial relationships: The Caen Court of Appeal holds that a party to a limited duration agreement may decide not to renew it, when such decision is consistent with the provisions of the agreement (Alençon Plastic/Seb-Moulinex)

2269

This is essentially the solution that emerges from a decision of the Caen Court of Appeal of 23 April 2009 . The disputed clause, inserted in a subcontracting agreement between the GSM Companies (Groupe Seb-Moulinex) and Alençon Plastic, was worded as follows : "This contract is concluded for (...)

Mary-Claude Mitchell Breaking off of commercial relationships: The Court of Cassation further defines the conditions enabling the qualification of sudden breaking off, relating to the established commercial relationship and to the way the breaking-off has to be notified (Tecno Plastic ; Alprene ; Sodimas ; Fatton)

2363

Cass. com, 5 May 2009, Sociétés Tecno Plastic et Alprene c/ M. Y, n° 08-11916 Cass. com, April 7, 2009, Société Sodimas c/ Société Transports Fatton, n° 08-11572 What is covered by the notion of "established commercial relations" and what form can or must the announcement of the termination of such (...)

Mary-Claude Mitchell Professional orders: The Court of Cassation rules on the possibility for the members of professional orders to bring an action on the basis of Art L. 442-6-I-5° of the Code of commerce or on civil law rules (Maître X... (notaire) c/Caisse d’épargne et de prévoyance du Val-de-France)

2547

Cass. 1st civ., 22 January 2009, Mr. X...(biologist) v. Mr. Y... (surgeon), n° 07-21.233 Cass. com, 20 January 2009, Maître X...(notary) c/ Caisse d’épargne et de prévoyance du Val-de-France, No. 07-17.556 To what extent are members of the liberal professions likely to denounce the abrupt (...)

Mary-Claude Mitchell Sudden breaking-off: The Court of Cassation confirms that the action based on a sudden breaking-off is a tort action (Delor Vincent c/Renault Agriculture)

3010

Cass. com, January 13, 2009, Société Delor Vincent v/ Société Renault Agriculture, 08-13.971 While there is still some uncertainty as to the various elements contributing to the notion of abrupt termination of established commercial relations, one thing is certain, and the Court of Cassation has (...)

Mary-Claude Mitchell Established commercial relationships: The Court of Cassation further defines the conditions enabling the qualification of a sudden breaking off of established commercial relationships (Bouygues c/ Ateliers d’Origine,Tomécanic-Benetière c/ Castorama,Tomécanic-Benetière c/ Brico-Dépôt)

4561

Cass. com, 16 December 2008, Bouygues Bâtiment International (BBI) c/ Les Ateliers d’Origine, n° 07-15589 Cass. com, December 2, 2008, Tomécanic-Benetière v. Castorama, No. 08-10731 Cass. com, 2 December 2008, Tomécanic-Benetière v. Brico-Dépôt, No. 08-10732 Readers of this column are aware that the (...)

Mary-Claude Mitchell Established commercial relationships : The Court of Cassation and the Bordeaux Court of Appeal adopt a different approach as far as the misconduct likely to justify an immediate termination of the relationship is concerned (Teixagol c/ Temaco)

3613

CA Bordeaux, 5 February 2008, SARL So.Go.Bois c/ SAS Seguin Moreau, RG 06/05969 Cass. com, 23 September 2008, Teixagol v. Temaco, No. 07-10.025. To what extent is the fault of one party to an established commercial relationship likely to justify a termination without notice at the initiative (...)

Mary-Claude Mitchell Sudden breaking off of established commercial relationships: The Court of Cassation and the Montpellier Court of Appeal render decision on the sudden breaking of commercial relationship (Tramico c/ Decasport)

3988

CA Montpellier, 2nd floor, 22 January 2008, Sociétés Alex, SEG et EDL c/ Société Daimler Chrysler Trailer Axle Systems Southern Europe, RG 06/7448 CA Montpellier, 2nd floor, 9 February 2008, Société STIM c/ Société Visio Sys, RG 06/7980 Cass. com, 6 May 2008, Société Tramico v/ Société Decasport, No. (...)

Mary-Claude Mitchell Sudden breaking-off: The Court of Cassation and the Lyon Court of Appeal rule on under which conditions may a breaking-off be imposed, and how should the notice period be calculated (Gemini France-Comarme Marchetti/Ridec)

4764

CA Lyon, 3rd civil court, January 24, 2008, Gemini France and Comarme Marchetti c / Ridec, RG n° 06/06998 Cass. com, 29 January 2008, Établissements X v BP France, No. 07-12.039 A few days apart, the Lyon Court of Appeal (January 24, 2008) and the Court of Cassation (January 29, 2008) revisited (...)

Mary-Claude Mitchell Early termination of established commercial relationships: The Court of Cassation questions the reasons for sudden termination of established commercial relationships and rule on indemnification of faulty breaking of contractual negotiations (Beaumont Automobiles; Atlantica/MMC Sales Europe)

4986

Cass. com, September 25, 2007, Beaumont Automobiles c/ M. X..., No. 06-15.517 Cass. com, November 20, 2007, Atlantica c/ MMC Sales Europe, France and Bordeaux, n° 06.17.289 The last months of the past year have given the Court of Cassation the opportunity to address the dual issue of the (...)

Mary-Claude Mitchell Discriminatory practices: The Versailles Court of Appeal considers that the Ministry of Economy has no locus standi to apply on its own for contract nullity and damages according to Art. 6.1 ECHR (Galec)

4053

CA Versailles, 12th Chamber, 3 May 2007, Le Galec v Ministre de l’Économie: Firstpart - Secondpart - Third part The succession of judicial episodes favourable to the Minister of the Economy in his hunt for supposedly restrictive practices in mass distribution has just come to a noticeable halt. (...)

Mary-Claude Mitchell Sudden breaking off of commercial relationship: The Court of Cassation rules once again on the implementation of Art. L 442-6-I-5° (Idéal France et Dudule/Guiot; “Le Clown est Roi”/Favand; Daniel Grenin/Usinor Achats; UCT/Transports Joyau)

4908

Cass. com, 6 February 2007, Idéal France and Dudule c/ Guiot, n° 04-13.178 Cass. com, February 6, 2007, "Le Clown est Roi" c/ Favand, n° 03-20.463 Cass. com, February 20, 2007, Daniel Grenin v. Usinor Achats, No. 04-14.446 Cass. com, 6 March 2007, UCT c/ Transports Joyau, n° 05-18.121 The right of (...)

Mary-Claude Mitchell Break of established commercial relationships: The Court of Cassation decides that the notice period must be reasonable and adequate (Yamaha-MBK/Lamy Lionel)

4939

Le délai de préavis contractuel doit être raisonnable et suffisant Cass. com, January 31, 2006, Lamy Lionel as liquidator of the Company Lamy Moto c/ Yamaha Motor France and MBK, n° 03-13.739 The jurisprudential construction of the notion of abrupt termination of established commercial relations (...)

Mary-Claude Mitchell Abusive breaking off of long standing relationship: French Court of Appeal gives new definitions of the fault in the breaking off of commercial relations (Jouvence/Cassiopée ; Chouett Bureau/Spicers; Kiasma/Carrefour)

6605

Nouvelles définitions de la faute en matière de rupture brutale des relations commerciales établies CA Paris, 4th ch. sect. A, 14 December 2005, SARL Editions Jouvence c/ SARL Cassiopée CA Nîmes, 2nd ch. sect. B, 15 September 2005, SARL d’Exploitation Chouett Bureau c/ SA Spicers France T. com. (...)

Mary-Claude Mitchell Selective distribution network: The Paris Court of Appeal rules that the absence of a secured network cannot hinder the network’s validity (La Roche Posay)

6110

Ventes au mépris d’un réseau de distribution sélective: L’absence d’étanchéité juridique d’un réseau de distribution sélective peut, dans certaines circonstances, ne pas affecter sa licéité CA Paris, 5ème ch. A, 8 June 2005, LCJ Diffusion v/ La Roche Posay and Cosmétique Active France In accordance with (...)

Mary-Claude Mitchell Property rights: The Paris Court of Appeal rules on unfair practices provisions and intellectual property right protection (Eram/Europe Style)

4704

Le droit de la concurrence déloyale peut-il compléter ou se substituer à la protection spécifique conférée à la propriété intellectuelle ? CA Paris, 4ème ch. A, November 24, 2004, SARL Chaussures Eram c/ SA Europe Style, RG 03/21011 CA Paris, 4ème ch. A, 12 January 2005, Kaligona c/ Dreamnex, RG (...)

Mary-Claude Mitchell Break of established commercial relationships: The Court of Cassation gives more details on the link between the author and the victim of a break of commercial relationships and on the reasonable duration of the notice period (Ronyl c/ Breitling)

4480

Cass. com, 7 July 2004, Kiasma v. CIM and Continent Hypermarkets, No. 03-11.472 Cass. com, November 3, 2004, Société Ronyl v/ Sociétés Breitling Suisse and Breitling France, n° 02-17.078 Two rulings of the Court of Cassation have added a few stones to the edifice of jurisprudential construction (...)

Mary-Claude Mitchell Counterfeiting: The Paris Court of Appeal rules that counterfeiting practices may give rise to both counterfeiting and unfair competition infringement action (Sport Autogalerie c./ Porsche)

5273

L’action en concurrence déloyale ou en parasitisme, cumulée à une action en contrefaçon, est ouverte à la victime d’un comportement parasitaire, même en l’absence de situation de concurrence, à la condition qu’une faute distincte de la contrefaçon ait été commise CA Paris, 4ème ch. A, 8 September 2004, (...)

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