CASE COMMENTS: DISTRIBUTION - FRANCE - FRANCHISE - MULTITUDE OF CONTRACTS - INTERDEPENDENCE - QUASI-EXCLUSIVE SUPPLY

Interdependence : The French Supreme Court approves judges that admitted application of Article L. 7321-2 of the French Labour Code even if conditions required are satisfied through the aggregation of different agreements concluded with different co-contracting parties to the extent that these agreements are characterized by a total interdependence (ERTECO)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment delivered on 19 October 2017 deserves interest despite its lapidary nature. It dismisses the appeal against a decision of the Court of Appeal of Rouen which had applied Article L. 7321-2 of the Labour Code to one of the managers of a tenant company managing a business operated under several contracts concluded with two separate companies, on the grounds that 'there was total interdependence between the agreements signed by the co-managers and the various companies and that the possibility of obtaining supplies from another supplier was so strictly regulated that it could only be marginal'. For an assessment of the full scope of the decision,

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  • University of Montpellier

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Didier Ferrier, Interdependence : The French Supreme Court approves judges that admitted application of Article L. 7321-2 of the French Labour Code even if conditions required are satisfied through the aggregation of different agreements concluded with different co-contracting parties to the extent that these agreements are characterized by a total interdependence (ERTECO), 19 October 2017, Concurrences N° 1-2018, Art. N° 86149, pp. 101-103

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