CASE COMMENTS : RESTRICTIVE PRACTICES – TELECOMMUNICATIONS - SUDDEN TERMINATION OF COMMERCIAL RELATIONSHIP – CONCEPT OF COMMERCIAL RELATIONSHIP – GROUP OF COMPANIES – DURATION OF THE RELATIONSHIP

Sudden termination: The Court of cassation considers that the commercial relationship with a company member of a group of companies is different from the relationships with others companies of the group if the relationship has a different object and this company has its own legal personality (Caporal & Moretti/Groupe Alcatel-Lucent)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. Com. 23 October 2012, No. 11-22383. The text prohibiting the abrupt termination of commercial relations frees itself from a purely legal analysis to focus on the economic reality. Thus, the text refers to the notion of "commercial relationship" rather than "contract" to apply in the many situations where there are no written contracts between the parties and in situations where the relationship results from a succession of short-term

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Mireille Dany, Marianne Le Moullec, Sudden termination: The Court of cassation considers that the commercial relationship with a company member of a group of companies is different from the relationships with others companies of the group if the relationship has a different object and this company has its own legal personality (Caporal & Moretti/Groupe Alcatel-Lucent), 23 October 2012, Concurrences N° 1-2013, Art. N° 50547, p. 121

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