CASE COMMENTS: RESTRICTIVE PRACTICES – COMMERCIAL CODE ARTICLE L.441-6 – PENALTIES – CAPITALISATION – CIVIL CODE ARTICLE 1154 – STARTING POINT

Terms of payment: The French Supreme Court considers that the penalties for delay provided in Article L. 441-6 of the Commercial Code may be subjected to a capitalisation, and states that the starting point should be based on either the T & C or on interprofessional agreement (Parquets Lemoine / Isoroy)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On the occasion of a rather banal dispute between a supplier of wood paneling (the company Isoroy) and a customer, the Commercial Chamber of the Court of Cassation took the opportunity to issue a landmark decision on late payment penalties, which was published. The Isoroy company had obtained an order for payment to which the Parquets Lemoine company had objected. Before the Nancy Court of Appeal, the parties blamed each other for their respective faults and failures, and the customer was ordered to pay for the goods covered by the injunction, plus

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Jean-Louis Fourgoux, Terms of payment: The French Supreme Court considers that the penalties for delay provided in Article L. 441-6 of the Commercial Code may be subjected to a capitalisation, and states that the starting point should be based on either the T & C or on interprofessional agreement (Parquets Lemoine / Isoroy), 10 November 2015, Concurrences N° 1-2016, Art. N° 77383, pp. 118-119

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