CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – RESTRICTIVE PRACTICES - SIGNIFICANT IMBALANCE - SUDDEN TERMINATION OF COMMERCIAL RELATIONSHIP - SCOPE OF THE ARTICLE L. 442-6 OF THE COMMERCIAL CODE

Significant imbalance: The French Supreme Court considers that the provisions of article L. 442-6 of the Commercial Code do not apply to the relationship between a company and its partners (Sport / Intersport)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. We reported and approved in these columns, a few months ago, the excellent decision of the Court of Appeal of Paris of February 3, 2016 which had refused, in substance, to apply the rules on significant imbalance and abrupt rupture to the relations maintained by a cooperative society of retail merchants with its members (CA Paris, Feb. 3, 2016, RG 13/15768, Concurrences No. 2-2016, p. 128, obs. F. Buy). Since then, the Court of Cassation had clearly confirmed that reports of this type were not

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  • University of Aix-Marseille

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Frédéric Buy, Significant imbalance: The French Supreme Court considers that the provisions of article L. 442-6 of the Commercial Code do not apply to the relationship between a company and its partners (Sport / Intersport), 18 October 2017, Concurrences N° 1-2018, Art. N° 86180, p. 113

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