Contact

Sibylle Chaudouet

Centre de Droit de l’Entreprise (Montpellier)

PhD Researcher

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 will be 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.

Contact

Articles

2308 Review

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)

20 January 2021 27

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)

27 February 2020 176

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 other, (...)

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)

27 February 2020 120

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 Civil Court signs the early extension of the rule on significant imbalance (Cometik / Parfip France, Locam)

15 January 2020 164

Disputes relating to financial leases are among the most abundant under the significant imbalance rule. It is not about to dry up, however, if we are to rely on the decision in the commentary, which deals precisely with these tripartite contractual transactions. The case in point concerns a (...)

Sibylle Chaudouet Franchise: The Paris Court of Appeal decides on a melting-pot of rules regarding an exclusivity agreement in franchising (Lara / Casino)

11 December 2019 108

A company which had entered into a franchise agreement with Casino for the operation of a Spar store considered itself to be harmed by the pricing policy practised by the latter, and based its argument, but unsuccessfully, on its contractual and tortious liability. Absence of contractual fault (...)

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)

20 November 2019 90

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 appeal (...)

Sibylle Chaudouet Significant imbalance: The Paris Commercial Court condemns a company dominant in online sales for significant imbalance (Amazon)

2 September 2019 370

If the digital giants are in the sights of the authorities, it is undoubtedly on the front of the significant imbalance that they are currently the most active, both in consumer law, where many clauses from Google, Twitter or Facebook have been qualified as abusive (TGI Paris, 12 Feb. 2019, no. (...)

Sibylle Chaudouet Significant imbalance: The Paris Court of Appeal gives useful details on the proof and the sanction of a significant imbalance (GEEPF)

12 June 2019 82

The Paris Court of Appeal was seized of an action brought by the Minister based on the significant imbalance created by two clauses imposed by a General Electric subsidiary on its suppliers and subcontractors - a clause providing for the primacy of the GTC over the GCS and a clause setting out (...)

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)

24 May 2019 288

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)

17 January 2019 115

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...)

11 January 2019 220

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)

19 December 2018 548

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 (...)