CASE COMMENTS: DISTRIBUTION - FRANCE - SELECTIVITY - INTUITU PERSONAE

Selective distribution: The Paris Court of Appeal rules that the company of the approved distributor whose control has been taken over by another distributor distributing a competing product does no longer comply with the contract signed with the supplier (Berthet / Blum France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Most distribution contracts are concluded intuitu personae where the parties usually agree that the distributor will have to obtain the supplier's consent before being able to dispose of its contractual position, shares or goodwill. Clauses of this type are normally to be interpreted strictly, as are all clauses which infringe a fundamental right or freedom. However, case law sometimes interprets them generously, as illustrated by the ruling handed down on 11 December last by the Paris Court of Appeal. In the

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Nicolas Éréséo, Selective distribution: The Paris Court of Appeal rules that the company of the approved distributor whose control has been taken over by another distributor distributing a competing product does no longer comply with the contract signed with the supplier (Berthet / Blum France), 11 December 2019, Concurrences N° 1-2020, Art. N° 93318, p. 99

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