CASE COMMENTS: RESTRICTIVE PRACTICES – SUDDEN TERMINATION – APPLICATION TO RELATIONSHIP BETWEEN A LAWYER AND HIS CLIENT – CONTRACTUAL LIABILITY

Notion of commercial relationship: The French Supreme Court approves the decision of the Court of appeal of Angers which ruled that article L. 442-6,I,5° of Commercial Code is not applicable to the relationship between a lawyer and his/her client (X / Banque populaire atlantique)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Although foreseeable (the judgment is not published in the Bulletin), the solution adopted in this case by the Commercial Chamber of the Court of Cassation will certainly attract the attention of legal professionals. Indeed, the High Court decided, for the first time to our knowledge, that the provisions of Article L. 442-6, I, 5° of the Commercial Code relating to the abrupt termination of commercial relations are not applicable to relations between a lawyer and his client. The facts were simple. A law firm, incorporated as SELARL, had for many years been the lawyer for the Atlantic People's Bank (BPA). The SELARL claimed that the latter had abruptly

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  • University of Aix-Marseille

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Frédéric Buy, Notion of commercial relationship: The French Supreme Court approves the decision of the Court of appeal of Angers which ruled that article L. 442-6,I,5° of Commercial Code is not applicable to the relationship between a lawyer and his/her client (X / Banque populaire atlantique), 24 November 2015, Concurrences N° 1-2016, Art. N° 77402, pp. 124-125

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