CASE COMMENT : RESTRICTIVE PRACTICES - COMMERCIAL COOPERATION - EVIDENCE

Commercial cooperation: The French Supreme Court holds that the lack of precision or errors in the wording of commercial cooperation agreements cannot constitute proof that the services were not rendered (Vierzon Distribution)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts One distributor had concluded commercial cooperation agreements with some of its suppliers providing for "non-management services" and "range optimisation services". Taking the view that the services contained in these agreements did not correspond to a commercial cooperation service but to tasks relating to the function of distributor, the Minister of the Economy summoned him on the basis of Article L.442-6-I 2° a) of the Commercial Code for the purposes of ordering the cessation of these practices, the restitution of sums wrongly received, and the payment of a civil fine. The Bourges Court of Appeal having rejected the request of the Minister of

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Philippe Vanni, Commercial cooperation: The French Supreme Court holds that the lack of precision or errors in the wording of commercial cooperation agreements cannot constitute proof that the services were not rendered (Vierzon Distribution), 20 February 2007, Concurrences N° 2-2007, Art. N° 27455, www.concurrences.com

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