ALERTS: UNFAIR COMMERCIAL PRACTICES - FRANCE - SIGNIFICANT IMBALANCE - BURDEN OF PROOF

Significant imbalance: The French Supreme Court rules again on the behaviour causing a significant imbalance (ITM International Food )

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is an understatement to say that theruling handed down by the Commercial Chamber of the Court of Cassation on 20 November 2019 (No. 18-12.823)This was expected to be the main focus of the Bulletin. According to its letter itself, unchanged on this point by the Order of 24 April 2019, the rule on significant imbalance is composed of two constituent elements corresponding, for one, to the result obtained or sought, in the form of "a significant imbalance in the rights and obligations of the parties", and for the other, to the conduct of the author of the practice, namely, "submitting or attempting to submit". However, the Paris Court of Appeal, which

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Significant imbalance: The French Supreme Court rules again on the behaviour causing a significant imbalance (ITM International Food ), 20 November 2019, Concurrences N° 1-2020, Art. N° 92572, www.concurrences.com

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