CASE COMMENTS: RESTRICTIVE PRACTICES – RETAIL SECTOR – LEGAL ACTION OF THE MINISTER – ASSESSMENT OF IMBALANCE – EVIDENCE

Significant imbalance: The French Supreme Court is gradually building up strict legal precedents concerning significant imbalance in contracts in the retail sector (EMC distribution)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After a few years of waiting, the decisions of the Court of Cassation on the "significant imbalance" are beginning to flourish. The reported ruling, dated 29 September 2015, confirms and consolidates, in the form of a lengthy rejection decision, what three other noteworthy rulings handed down in recent months (Cass. com., 3 March 2015, No. 13-27525, Eurauchan, obs. J.-L. Fourgoux D. 2015, p. 1021, note F. Buy; AJCA 2015, p. 218, note G. Chantepie; Cass. com. 3 March 2015, No. 14-10907, Provera, obs. J.-L. Fourgoux AJCA 2015, p. 218, note G. Chantepie; Cass. com. 27 May 2015, No. 14-11387, Galec, obs. M. Chagny ; RTD civ. 2015, p. 606, obs. H. Barbier ;

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  • University of Aix-Marseille

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Frédéric Buy, Significant imbalance: The French Supreme Court is gradually building up strict legal precedents concerning significant imbalance in contracts in the retail sector (EMC distribution), 29 September 2015, Concurrences N° 1-2016, Art. N° 77387, 119-120

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