Swarming: The Paris Court of Appeal rules that a car manufacturer cannot be considered responsible for the exercise by one of his distributors of the faculty of swarming offered by EC Regulation N° 1400-2002 (Auto 24/Jaguar Land Rover France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Regulation (EC) No 1400/2002, which entered into force on 1 October 2002, exempts certain agreements for the distribution of new motor vehicles, spare parts or repair and maintenance [1]services. Replacing Regulation (EC) No 1475/95, the new system put an end to the cumulation of selectivity and exclusivity by requiring manufacturers to choose between three distribution systems: exclusive dealership, purely qualitative selective distribution or quantitative selective distribution. Anxious to be able to stipulate leakage clauses while controlling the number of dealers in their networks, manufacturers have massively opted for quantitative selective