ALERTS: DISTRIBUTION – GROUP PURCHASING ORGANISATION - REFERENCING AGREEMENT - TERMINATION

Listing agreement: The Paris Court of Appeal considers that the referencing agreement is a consensual contract whose formation does not require to comply with the formalism set forth by Article L. 441-7 of the French commercial code (its version before the order 2019/04/24), and whose wrongful termination must be remedied based on the loss of opportunity of potential contracts (Florendi / Arena)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A company specialising in the manufacture and sale of fertilisers, biocidal and phytosanitary products is responding to a call for tenders from the ARENA centre for its Bricomarché allies. The latter, after having obtained validation of the financial conditions of its intervention, firstly informs the supplier of its listing for phytosanitary products before announcing, a few days later, that all the offers had to be re-analysed to select only suppliers offering all the products desired by the members. The supplier contests this reversal, considering that the contract had been concluded, and takes the matter to court to obtain compensation for the damage

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Aymeric Louvet, Listing agreement: The Paris Court of Appeal considers that the referencing agreement is a consensual contract whose formation does not require to comply with the formalism set forth by Article L. 441-7 of the French commercial code (its version before the order 2019/04/24), and whose wrongful termination must be remedied based on the loss of opportunity of potential contracts (Florendi / Arena), 12 December 2019, Concurrences N° 1-2020, Art. N° 94109, www.concurrences.com

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