CASE COMMENTS : UNFAIR TRADE PRACTICES - SUDDEN TERMINATION OF COMMERCIAL RELATIONSHIP – COMMERCIAL RELATIONSHIP –BREACH OF CONTRACTUAL COMMITMENTS – TRANSPORTS

Breach of contractual commitments : The French Supreme Court considers that the breach of non-perennial commercial relationships, based on an infringement of the other party’s obligations, may be legitimate (Le Joint Français (LJF) / Multimodal Transport)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. These are the lessons of the Court of Cassation's ruling of 13 November 2013, which introduced two limits to the benefit of the provisions of Article L. 442-6-I-5° of the Commercial Code. The case was between a manufacturer of spare parts for the automotive industry, Le Joint Français (LJF), and the carrier MTLS to which it had entrusted the overland transport of its production since 2006. After a gradual decrease in the volume of its orders was observed, starting in October 2008, the JLF Company ended the relationship in May 2009. The action for abrupt termination of established commercial relationships brought by MTLS, which was upheld by the Paris Court

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Mary-Claude Mitchell, Breach of contractual commitments : The French Supreme Court considers that the breach of non-perennial commercial relationships, based on an infringement of the other party’s obligations, may be legitimate (Le Joint Français (LJF) / Multimodal Transport), 13 November 2013, Concurrences N° 1-2014, Art. N° 63140, pp. 98-99

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