CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – SIGNIFICANT IMBALANCE – CONSTITUTIONALITY – JUDICIAL CONTROL OF AGREED PRICES – CIVIL FINE

Civil fine: The French Constitutional Council decides that the significant imbalance prohibited by Article L. 442-6 of the French Commercial Code is in conformity with the constitution even if it allows the judicial control of the prices and the imposition of a civil fine (Interdis / Minister Economy)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. See also this issue, under "Practices", C. Grimaldi, Price Control in Distribution Contracts : Controlling the Evolution or the Level of Prices ? Opponents of the significant imbalance introduced in the Commercial Code in 2008 had placed high hopes on the QPC transmitted by the Court of Cassation (Cass. com., Sept. 27, 2018, No. 894, Concurrences No. 4-2018, pp. 134-135.). The decision is, according to one of their spokespersons, "disappointing both in the solution it gives and in its lack of motivation on the essential point" (JCP E 2018, 1638, Mr Behar Touchais). This realistic commentary is a little harsh, since the decision is nonetheless

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Jean-Louis Fourgoux, Civil fine: The French Constitutional Council decides that the significant imbalance prohibited by Article L. 442-6 of the French Commercial Code is in conformity with the constitution even if it allows the judicial control of the prices and the imposition of a civil fine (Interdis / Minister Economy), 30 November 2018, Concurrences N° 1-2019, Art. N° 89456, pp. 110-112

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