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.

Articles

1500 Review

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)

76

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)

50

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)

60

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

262

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)

103

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...)

178

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)

339

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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