CASE COMMENTS: DISTRIBUTION – FRANCHISING – BUSINESS MODEL – FIXTURE – MODIFICATION [NO] – LIBERTY OF COMMERCE AND INDUSTRY – FAULT – TERMINATION
Franchising: The Paris Court of Appeal recognizes the liberty of the franchisor to modify its business model and, thus, the elements of a franchise (Bruz distribution/ATAC)
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As the main purpose of the franchise agreement is to reiterate a commercial success and not only to communicate know-how operated under a recognized brand name, these elements are often called upon to evolve according to the economic context, the needs of the consumer and the actions of competitors.
The requirement to update the elements constituting the franchise was expressed in EC Regulation 4087-1988, Article 3.2.7 of which referred to the obligation of the franchisee to "apply the business methods developed by the franchisor, including any subsequent modifications" (In the same sense : Paris, 28 April 1978, Bull. transports
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