CASE COMMENT : RESTRICTIVE PRACTICES - SUDDEN BREAKING-OFF OF COMMERCIAL RELATIONSHIP - COMMERCE CODE AND CIVIL CODE

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)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 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 of the other? It is on this question that the Court of Appeal of Bordeaux on 5 February 2008 and the Court of Cassation on 23 September 2008 both considered this question, giving a somewhat divergent answer. First species The case before the Bordeaux Court of Appeal involved a supplier of staves, the company So. Go. Bois, against one of its user clients, the

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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), 23 September 2008, Concurrences N° 4-2008, Art. N° 22311, pp. 96-97

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