CASE COMMENT : RESTRICTIVE PRACTICES - FRENCH LAW - SUDDEN BREAKING-OFF OF COMMERCIAL RELATIONSHIP

Sudden breaking-off: The Court of Cassation and the Lyon Court of Appeal rule on under which conditions may a breaking-off be imposed, and how should the notice period be calculated (Gemini France-Comarme Marchetti/Ridec)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Lyon, 3rd civil court, January 24, 2008, Gemini France and Comarme Marchetti c / Ridec, RG n° 06/06998 Cass. com, 29 January 2008, Établissements X v BP France, No. 07-12.039 A few days apart, the Lyon Court of Appeal (January 24, 2008) and the Court of Cassation (January 29, 2008) revisited the conditions under which a termination of established commercial relations can be qualified as brutal, either (first case) because the fault put forward to justify the termination was not characterized, or (second case) because the notice period granted by the author of the termination was insufficient in view of the seniority of the relations. First species

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Mary-Claude Mitchell, Sudden breaking-off: The Court of Cassation and the Lyon Court of Appeal rule on under which conditions may a breaking-off be imposed, and how should the notice period be calculated (Gemini France-Comarme Marchetti/Ridec), 29 January 2008, Concurrences N° 2-2008, Art. N° 16535, pp. 123-124

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