ALERTS: DISTRIBUTION – DISTRIBUTION AGREEMENT – SELECTIVE DISTRIBUTION – DISCRIMINATORY PRACTICES – REFUSAL TO DEAL

Selective distribution: The French Supreme Civil Court considers that a candidature for accreditation of a secondary point of sales must respect terms and conditions agreed for the control by the supplier of required standards in the point of sales of its network, and that one-off delivery delays could be no considered as contractual fault (Établissements Christian F. / Hyundai Motor France)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In our letter of April 2018, we commented on a ruling handed down in a case opposing the supplier Huyndai to one of its former distributors (Paris, February 7, 2018, No. 15/08853). In this case, a Hyundai distributor operated two sales outlets in Pau and Tarbes respectively. Each outlet gave rise to three contracts (distribution of new vehicles, approved repair, resale of accessories) between the distributor and its supplier. In 2009, on the occasion of the sale of the premises it operated in Tarbes, to which its distribution contract was attached, the distributor decided to move its sales outlet and temporarily, pending the completion of work on

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  • Jean-Michel Vertut - Avocat (Montpellier)

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Jean-Michel Vertut, Selective distribution: The French Supreme Civil Court considers that a candidature for accreditation of a secondary point of sales must respect terms and conditions agreed for the control by the supplier of required standards in the point of sales of its network, and that one-off delivery delays could be no considered as contractual fault (Établissements Christian F. / Hyundai Motor France), 11 December 2019, Concurrences N° 1-2020, Art. N° 93590, www.concurrences.com

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