CASE COMMENTS : UNFAIR TRADE PRACTICES – TRANSPARENCE AND RESTRICTIVE PRACTICES – SPECIALISATION

Temporal application of the law: The French Supreme Court holds that Article D. 442-3 of the Commercial Code is not applicable to proceedings introduced before its entry into force (La Redoute ; Generalis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Since Law No. 2008-776 of 4 August 2008, Article L. 442-6, III of the Commercial Code includes a fifth paragraph, which establishes the exclusive jurisdiction of specialized courts. More specifically, it reserves the right to hear disputes relating to Article L. 442-6 of the same Code to certain courts listed exhaustively. Decree n° 2009-1384 of 11 November 2009 lists the specialised courts in question, specifying their territorial jurisdiction. In this context, the courts of first instance and then the courts of appeal are successively referred to. In the first instance, exclusive jurisdiction to hear disputes relating to Article L. 442-6 of the French

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

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Valérie Durand, Temporal application of the law: The French Supreme Court holds that Article D. 442-3 of the Commercial Code is not applicable to proceedings introduced before its entry into force (La Redoute ; Generalis), 30 November 2016, Concurrences N° 1-2017, Art. N° 83389, pp. 126-128

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