ALERTES: UNFAIR COMMERCIAL PRACTICES – FRANCE – CONSTRAINTS – LACK OF NEGOTIATION – BURDEN OF PROOF

Significant imbalance: The French Supreme Court rules on the burden of proof of the subjection to a significant imbalance in the retail sector (ITM Alimentaire International)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Commercial Chamber has just closed one of the cases initiated following the so-called "Novelli" summons opposing the Minister of Economy to ITM International Food. But contrary to its predecessors who had unanimously condemned the supermarket chains, the Chamber rejects the Minister's appeal and, incidentally, gives victory to the supermarket chain. Above all, this decision has the advantage of ruling on the submission, and only on this filter prior to sanctioning a significant imbalance. Although expected, this epilogue nevertheless leaves open a number of questions raised by this first condition of the new Article L. 442-1, I, 2° C. com. (formerly L.

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  • Centre de Droit de l’Entreprise (Montpellier)

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Sibylle Chaudouet, Significant imbalance: The French Supreme Court rules on the burden of proof of the subjection to a significant imbalance in the retail sector (ITM Alimentaire International), 20 November 2019, Concurrences N° 1-2020, Art. N° 93156, www.concurrences.com

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