CASE COMMENT : DISTRIBUTION - FRANCHISE - E-COMMERCE - WEBSITE - EXCLUSIVE TERRITORY
Franchise: The Cour de Cassation holds that a website’s development does not infringe the territorial exclusivity granted to a franchisee (Flora Partner)
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Court of Cassation, Commercial Chamber, 14 March 2006,Appeal No. 03-14.639 Facts
The contract by which a franchisor granted territorial exclusivity to its franchisee stipulated that "the franchisor undertakes, for the duration of the [...]contract, not to authorise the opening of other outlets [under its name] in the territory of exclusivity". [granted], other than that of the franchisee".
The franchisor having
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