ALERTS : RESTRICTIVE PRACTICES - RESALE AT A LOSS - TRADE RELATIONS - FORMALIZATION - REFORMS

Resale at a loss : The Paris Court of Appeal decides on the retroactive application of the amendments provided to Articles L. 441-7 and L. 442-2 of the Commercial code (Carrefour)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Paris, January 28, 2009, Carrefour et Interdis c/ Ministère public and UFC Que Choisir, RG n° 09-000647 Facts 1st species: Following several DGCCRF inspections between 04 October 2004 and 25 August 2005, a distributor was prosecuted for reselling at a loss. Considering that the law of August 2, 2005 had modified the method of calculating the threshold for resale at a loss in a way that was "more favourable to merchants", the Correctional Court decided, in the name of the principle of retroactivity "in mitius", to release the distributor for acts committed prior to the entry into force of the law. The Court of Appeal reversed the judgment on this point.

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Dominique Ferré, Régis Pihéry, Resale at a loss : The Paris Court of Appeal decides on the retroactive application of the amendments provided to Articles L. 441-7 and L. 442-2 of the Commercial code (Carrefour), 28 January 2009, Concurrences N° 2-2009, Art. N° 29611, www.concurrences.com

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