CASE COMMENTS : RESTRICTIVE PRACTICES – AGRICULTURE - SUDDEN TERMINATION OF COMMERCIAL RELATIONSHIP – NOTICE PERIOD – RECONVERSION

Sudden termination: The Court of cassation rules that the reconversion of the terminated party has no influence in the calculation of the duration of the notice period (Claas)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. Com, November 6, 2012, No. 11-24570. The main purpose of giving notice of termination of a business relationship is to enable the partner who has been terminated to organise his conversion. This is self-evident, even if the text of Article L. 442-6 I 5° of the Commercial Code does not expressly state so. This article merely specifies that the notice period must take account of the duration of the commercial relationship. Case law has added that it was also necessary to take into account "the other circumstances of the case" (Cass. com 23 November 2009, n° 07-19248) such as the importance of the business relationship between the parties or the

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Mireille Dany, Marianne Le Moullec, Sudden termination: The Court of cassation rules that the reconversion of the terminated party has no influence in the calculation of the duration of the notice period (Claas), 6 November 2012, Concurrences N° 1-2013, Art. N° 50550, pp. 121-122

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