ALERTS: UNFAIR COMMERCIAL PRACTICES – SUDDEN BREAK OF ESTABLISHED BUSINESS RELATIONSHIPS - MANAGEMENT MANDATE

Sudden break: The French Supreme Civil Court and the Paris Court of Appeal disagree with the special character of tenure termination rules against article L. 442-6, I, 5 of the Fr. Com. code (IDF Management / Gifi...)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Typology of exclusions from the scope of Article L. 442-6, I, 5°. The scope of application of the former Article L. 442-6, I, 5° C. com. and the new Article L. 442-1, II, is constantly being questioned. By induction, we thought to identify three types of exclusions. The first concern areas that are not intended to be subject to the control of restrictive practices, because they are "irrelevant" (F. Buy, La Cour de cassation poursuit son travail de cantonnement de l'article L. 442-6 C. com, Concurrences, 2018/2, p. 106). It is currently about the internal relations of the groups (Com., 8 Feb. 2017, n° 15-23050, Lettre distr. mars 2017, N. Eréséo ; Com, 18 Oct.

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Clémence Mouly-Guillemaud, Sudden break: The French Supreme Civil Court and the Paris Court of Appeal disagree with the special character of tenure termination rules against article L. 442-6, I, 5 of the Fr. Com. code (IDF Management / Gifi...), 3 October 2019, Concurrences N° 1-2020, Art. N° 92869, www.concurrences.com

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