The Paris Court of Appeal finds a significant imbalance in the long-term contractual relationship of the French incumbent parcel delivery operator and one of its clients (La Poste / Central Optics)

Introduction In its ruling of the 7th January 2021, the Paris Court of Appeal applied the concept of "significant imbalance" in its anterior version now contained in Article L442-1 of the french commercial code [1]. The notion of significant imbalance originates in consumer law and was extended to both commercial law in 2008 and to general contract law in 2016 [2]. Courts use this legal standard to assess whether a clause is unfair or abusive, aiming to capture all abusive behaviours likely to be adopted within the scope of commercial relationships [3]. To this end, the French commercial code sanctions any entity engaged in the activities of services, production and distribution in the context of commercial negotiations that “subject or attempt to subject the other party to

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Héléna Moulin-Smith, Alix Villechalane, Kelly Garet, Marie Chareyre de Beaumont, The Paris Court of Appeal finds a significant imbalance in the long-term contractual relationship of the French incumbent parcel delivery operator and one of its clients (La Poste / Central Optics), 7 January 2021, e-Competitions January 2021, Art. N° 99898

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