CASE COMMENT : DISTRIBUTION - PRE-CONTRACTUAL INFORMATION OBLIGATION - FRANCHISE - LIABILITY

Pre-contractual information obligation: The Court of Cassation holds that the distributor can claim damages if the provider breaches its pre-contractual information obligation imposed by Article L. 330-3 of the Commercial code (Phone pratique)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Court of Cassation, Commercial Chamber, 27 January 2009, Appeal No. 07-21.616, Sté Phone pratique v Sté SFR Facts A franchisee sought compensation for damages resulting from the franchisor's failure to provide pre-contractual information due under Article L. 330-3 of the Commercial Code. The Paris Court of Appeal having rejected his application on the ground that the nullity of the contract had not been sought, the franchisee appealed to the Supreme Court. The Court held that "a franchisor who fails to provide his co-contracting party with the pre-contractual information provided for in Article L. 330-3 of the Commercial Code and the Decree of 4 April 1991

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  • University of Montpellier

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Didier Ferrier, Pre-contractual information obligation: The Court of Cassation holds that the distributor can claim damages if the provider breaches its pre-contractual information obligation imposed by Article L. 330-3 of the Commercial code (Phone pratique), 27 January 2009, Concurrences N° 2-2009, Art. N° 29599, www.concurrences.com

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