CASE COMMENTS: RESTRICTIVES PRACTICES – SIGNIFICANT IMBALANCE – TERMINATION CLAUSE – TERMS OF PAYMENT
Significant imbalance: The Commercial Court of Meaux sanctions, at the Minister’s request, a termination clause and a clause relating to payment terms (Provera)
*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.
How were the courts called upon to implement Article L. 442-6-I-2° of the Commercial Code going to interpret this rule which, clearly inspired by the consumer protection system against unfair terms, appears likely, because of its generality, to exert a strong influence on business contracts? After the initial findings of the Lille Commercial Court, in a judgment of 6 January 2010 (ConcurrencesNo. 2-2010, p. 99, obs. Mr. Chagny), this question - raised as soon as this controversial provision was adopted by the "law on the modernisation of the economy" - was then slow to receive a clear answer in the case law, due in particular to the suspension of proceedings,
Access to this article is restricted to subscribers
Already Subscribed? Sign-in