ALERTS: DISTRIBUTION - SIGNIFICANT IMBALANCE - BINDING FORCE

Binding force: The French Commission on commercial practices (CEPC) considers that it is necessary to assess the binding force of a contract before assessing any significant imbalance (ITM Alimentaire International)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A decision of the Paris Court of Appeal had caught our attention, in that it had recalled the need to establish the submission or attempted submission, when it comes to applying Article L. 442-6 I 2° C. com. (Paris, 20 Dec. 2017, No. 13/04879, Letter distr. January 2018, nos. obs.). The case, which opposed the Minister of the Economy to ITM Alimentaire International in the context of the "Novelli" summonses, had given rise, before being declared admissible, to a referral to the CEPC for an opinion in March 2015 by the Paris Court of Appeal. The requested opinion was delivered on 25 June 2015 without being published on the CEPC website. The content of this

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  • Jean-Michel Vertut - Avocat (Montpellier)

Quotation

Jean-Michel Vertut, Binding force: The French Commission on commercial practices (CEPC) considers that it is necessary to assess the binding force of a contract before assessing any significant imbalance (ITM Alimentaire International), 15 October 2018, Concurrences N° 1-2019, Art. N° 88729, www.concurrences.com

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