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)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 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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  • University of Montpellier

Quotation

Didier Ferrier, 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) , 15 February 2012, Concurrences N° 1-2012, Art. N° 41870, pp. 124-125

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