ALERTS : DISTRIBUTION - INTERNATIONAL DISTRIBUTION - JURISDICTION - REGULATION (EC) No 44/2001

Applicable law : The French Supreme Court applies the ECJ Tessili case law and the Rome Convention on the applicable law to contractual obligations and holds that the characteristic performance of distribution contracts is the one from the supplier (Wolman / Cecil)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts For five years, a German company had entrusted the exclusive distribution of its products to a French company. As the supplier had terminated that relationship, the distributor brought an action before the Commercial Court seeking compensation for the loss resulting from that termination. The Court of Appeal had upheld the jurisdiction of the French consular court, finding that the exclusive distribution contract was a contract for the provision

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  • Fidal (Lyon)

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Simon Hotte, Applicable law : The French Supreme Court applies the ECJ Tessili case law and the Rome Convention on the applicable law to contractual obligations and holds that the characteristic performance of distribution contracts is the one from the supplier (Wolman / Cecil), 5 March 2008, Concurrences N° 2-2008, Art. N° 27934, www.concurrences.com

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