CASE COMMENT : DISTRIBUTION OF MOTOR VEHICLES - EXCLUSIVE - CONCESSION - NOTICE - DUTY TO ASSIST
Duty to assist : The Paris Court of appeal rules that the motor vehicle supplier which applies the contractual notice peculiar to permit to the distributor to organize its reconversion has not a duty to assist (Ford France Automobiles)
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CA Paris, January 11, 2006, Ford France Automobiles, n° 03/15259 Facts
In 1985, Ford France Automobiles entrusted a dealer with the marketing of Ford vehicles in two exclusive sales territories.
Following the entry into force of European Regulation No 1475/95 of 28 June 1995, Ford France Automobiles replaced the old contract with a new one, which it terminated on 2 December 1997, giving its co-contractor 24 months' notice.
Since the children of this concessionaire were not successful in their bid to take over the concession, and since the grantor had approved as new concessionaire a company with which the former concessionaire had failed in its takeover
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