CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - ABRUPT TERMINATION - ESTABLISHED COMMERCIAL RELATIONSHIP - BREACH OF CONTRACT - NOTICE PERIOD

Sudden termination: The French Supreme Court specifies that sufficiently serious breach of contract does not exclude any notice (Annick Goutal / Dispar)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Goutal company has contracted the exclusive distribution of its brand products to Dispar Spa. The contract, concluded for a period of three years, contains a clause of tacit renewal for periods of one year and provides for the possibility for the parties to terminate the agreement three months before its expiry. Arguing that it had poor inventory management, Goutal notified its decision to terminate the contract as from 31 August 2013 by letter dated 29 March 2013. Dispar SpA then retaliated by invoking the brutal and abusive nature of the termination. On this basis, Dispar SpA requested not only compensation for its loss but also payment for the value

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

Quotation

Valérie Durand, Sudden termination: The French Supreme Court specifies that sufficiently serious breach of contract does not exclude any notice (Annick Goutal / Dispar), 14 October 2020, Concurrences N° 1-2021, Art. N° 99147, pp. 154-155

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