ALERTS: DISTRIBUTION - FRANCHISING - NON-COMPETITION CLAUSE - NULLITY

Non-competition clause: The summary judgment magistrate of the Paris Court of appeals invalidates a non-competition clause inconsistent with the article L. 341-2 of the commercial Code (Era France / Vision Méditerranée Immobilier)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Linked to the franchisor since 2003, for the operation of a real estate agency in Antibes, the franchised company notified the franchisor in 2016 of its intention not to renew the contract, which was concluded in 2012 and expired on January 6, 2018. A few weeks after the expiry of the contract, the franchisor summons its former partner in summary proceedings for unpaid royalties and for breach of its obligation not to renew the contract as of 8 January 2018. He seeks the cessation of the disturbance. The interim relief judge dismissed his claims on the basis of unfair competition, noting an opposition by the parties to the nonreaffiliation clause and

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  • University of Montpellier

Quotation

Anouk Bories, Non-competition clause: The summary judgment magistrate of the Paris Court of appeals invalidates a non-competition clause inconsistent with the article L. 341-2 of the commercial Code (Era France / Vision Méditerranée Immobilier), 22 November 2018, Concurrences N° 1-2019, Art. N° 89122, www.concurrences.com

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