ALERTS: DISTRIBUTION – CENTRAL CONTRACTING AGENCY – FRANCHISING – MANAGEMENT MANDATE – TRUSTEE – BUSINESS SECRETS

Franchising: The French Supreme Court puts the rendering of account of the agent to the test of the burden of proof (N2DC, N2DCb / Alain Afflelou franchiseur, L’Opticien Afflelou)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts One of the Afflelou group's companies acts as a central purchasing agent for two franchised companies under franchise and management-agent contracts. The latter companies claim that the central purchasing office has not returned to them all the advantages negotiated on their behalf with suppliers and, in particular, the end-of-year rebates (RFA). Problem The question is then to know who bears the burden of proof of the sums collected by the central office that were to be paid back to the franchisees. Beyond this purely evidentiary question, it is the extent of the agent's obligation to render an account that is at stake. Solution The Court of

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  • Centre de Droit de l’Entreprise (Montpellier)

Quotation

Sibylle Chaudouet, Franchising: The French Supreme Court puts the rendering of account of the agent to the test of the burden of proof (N2DC, N2DCb / Alain Afflelou franchiseur, L’Opticien Afflelou), 27 January 2021, Concurrences N° 1-2021, Art. N° 100707, www.concurrences.com

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