*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, May 12, 2004, Sté ABCG participation c/ Sté Auchan France, n° 01-12.865 In order to assess the brutal nature of the termination of a commercial relationship within the meaning of Article L 442-6, I, 5°, must the courts take into account the state of dependence of the ousted contracting party? Is it necessary to require, in order to assess this state of economic dependence, the absence of an equivalent solution? It is to this twofold question that the Commercial Chamber had to answer in a judgment of 12 May 2004. In the present case, a supplier evicted by a major distributor alleged the short notice period provided for in the contract and claimed
CASE COMMENTS: RESTRICTIVE PRACTICES - DEPENDANCY ABUSE - BREAK OF ESTABLISHED COMMERCIAL RELATIONSHIPS - EXCLUSIVE RELATIONSHIPS
Break of established relationships: The French Court of Cassation considers that the judge must take into account the existence of alternative commercial solution for the distributor (Auchan)
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