CASE COMMENTS : RESTRICTIVE PRACTICES – DISTRIBUTION/RETAIL - REFUNDS – LACK OF CONSIDERATION – DISPROPORTION – RESTITUTION – SUDDEN TERMINATION

Sudden termination: The Paris Court of Appeal orders, at the request of a contracting party, the repayment of refunds collected in violation of Art. L. 442-6-I C. com. and awards damages for the injury caused by the sudden termination of the relationship (Coup de pâtes)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Paris, Pôle 5 - ch. 5, 04.10.12, no. 11-12684, TAF v. Coup de pâtes The head of a specialised distribution network had concluded tripartite contracts for a period of six months with a transport company, with which it negotiated on behalf and for the account of its suppliers the transport service, and for each of the said suppliers. In addition, supplementary contracts were concluded with the sole carrier, setting out the terms and conditions for calculating the amounts to be paid by the latter to the headend. Following the termination of relations, the liquidator of the transport service provider initiated legal proceedings against the head of the

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Sudden termination: The Paris Court of Appeal orders, at the request of a contracting party, the repayment of refunds collected in violation of Art. L. 442-6-I C. com. and awards damages for the injury caused by the sudden termination of the relationship (Coup de pâtes), 4 October 2012, Concurrences N° 1-2013, Art. N° 50543, pp. 119-120

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