Franchise : The French Supreme Court reiterates the network promoter’s duty to enforce the exclusivity he gave and clarifies the notion of active sales (Point S)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Unlike the concession contract, territorial exclusivity is not the essence of the franchise contract. It can, however, become one. Case law considers that such exclusivity must be granted when it is necessary for the commercial success of the franchisee (cf. Cass. com. 28 Jan. 1980, JCP G. 1981, II 19533, note J. Azéma; Cass. com. 16 Jan. 1990, D. 1990, p. 369 obs. D. Ferrier ; Paris 12 Jan. 1994, D. 1995, somm. p. 478, obs. D. Ferrier ; D. and N. Ferrier, Droit de la distribution, 7th ed, LexisNexis, p. 400). In any event, when it is granted, the franchisor is obliged to enforce it. Exclusivity is, in this case, treated in the same way as in the case of a