CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – RESTRICTIVE PRACTICES - JUDICIAL SPECIALISATION - APPLICATION SCOPE - ARTICLES L. 442-6 AND L. 441-7 OF THE COMMERCIAL CODE

Judicial specialisation: The French Supreme Court points out that disputes relating to the application of the article L. 441-7 of the Commercial Code do not fall within the jurisdiction of specialized courts (Sofexi / Profima)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The solution set out in the Court of Cassation's ruling of 20 September 2017 is self-evident. Nevertheless, it shows that the rule of jurisdictional specialisation laid down in Article L. 442-6, III C. com. sometimes gives rise to improbable disputes. In the present case, in declaring inadmissible the appeal lodged by a company, the Court of Appeal of Saint-Denis de la Réunion had noted that the company objected to

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  • University of Aix-Marseille

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Frédéric Buy, Judicial specialisation: The French Supreme Court points out that disputes relating to the application of the article L. 441-7 of the Commercial Code do not fall within the jurisdiction of specialized courts (Sofexi / Profima), 20 September 2017, Concurrences N° 1-2018, Art. N° 86186, p. 117

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