CASE COMMENTS : RESTRICTIVE PRACTICES - COMMERCIAL COOPERATION - DISPROPORTIONATE PAYMENT - CIVIL REMEDIES

Payment without counterpart: The Evry Commercial Court sanctions, at the Minister of Economy’s request, payments without any service in return or with a disproportionate compensation, in violation of Art. L. 442-6-I-1° C. com.; whereas the Court orders a civil fine of the maximum amount, it refuses to order nullity and restitutions taking into consideration the indivisibility of services and sale contracts (Carrefour)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Article L. 442-6-I-2° a) C. Com. - which became, after renumbered by the LME, but without any change in wording, Article L. 442-6-I-1° - refers to the fact of "obtaining or attempting to obtain from a commercial partner any advantage whatsoever which does not correspond to any commercial service actually rendered or which is manifestly disproportionate in relation to the value of the service rendered". Although it continues to be marginally implemented by companies (see in this regard, Report of the Commission d'examen des pratiques commerciales, 2008-2009, Étude de jurisprudence), it has recently been the basis of many of the actions brought by the Minister

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Payment without counterpart: The Evry Commercial Court sanctions, at the Minister of Economy’s request, payments without any service in return or with a disproportionate compensation, in violation of Art. L. 442-6-I-1° C. com.; whereas the Court orders a civil fine of the maximum amount, it refuses to order nullity and restitutions taking into consideration the indivisibility of services and sale contracts (Carrefour), 14 October 2009, Concurrences N° 1-2010, Art. N° 30221, pp. 121-123

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