CASE COMMENT : DISTRIBUTION - RESTRICTIVE PRACTICES - SIGNIFICANT IMBALANCES - ARTICLE L. 442-6, I, 2° OD THE COMMERCIAL CODE - ABUSE

Significant imbalances: The Commercial Court of Lille condemns a distributor on the basis of Article L. 442-6, I, 2° of the Commercial Code, aimed at correcting "significant imbalances in the parties’ rights and obligations" (Castorama)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Lille Commercial Court, 6 January 2010, RG n°2009-05184, Minister of Economy v/ Sté Castorama The first decision rendered on the basis of Article L. 442-6, I, 2° of the French Commercial Code as it resulted from the reform of August 4, 2008, the judgment of the Lille Commercial Court of January 6, 2010 makes a very interesting contribution to the definition of the submission of a partner (I) to obligations (II) creating a significant imbalance (III) in the rights and obligations of the parties. I. - The fact of submitting is carefully noted by the judges through two observations: The first is the application by the distributor of new conditions without

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  • University of Montpellier

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Didier Ferrier, Significant imbalances: The Commercial Court of Lille condemns a distributor on the basis of Article L. 442-6, I, 2° of the Commercial Code, aimed at correcting "significant imbalances in the parties’ rights and obligations" (Castorama), 6 January 2010, Concurrences N° 1-2010, Art. N° 30941, www.concurrences.com

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