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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Cet article a fait l’objet d’une première publication dans la Lettre de la distribution publiée par le Centre du Droit de l’Entreprise de l’Université de Montpellier. L’attente aura été relativement longue avant que la Cour de cassation se prononce sur le nouv. art. 1171 C. civ. Quelques juges du fond (...)
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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 (...)
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Facts In the context of the evolution of its sales model via the development of convenience stores, Carrefour has reported additional logistical constraints compared to traditional supermarkets (in terms of product packaging, transport or supply of shelves, etc.). However, as these logistics (...)
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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 with (...)
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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 (...)
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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, (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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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. (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
Dictionnaire de droit de la concurrence
Le Dictionnaire de droit de la concurrence, sous la direction scientifique du Professeur Muriel Chagny et Emmanuel Combe, rassemble plus de 250 définitions essentielles à la bonne compréhension du (...)
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