CASE COMMENTS: RESTRICTIVE PRACTICES - SUBSTANTIAL IMBALANCE - PAYMENT PROVISIONS - CIVIL REMEDIES

Violation of Art. L. 442-6-I-2° C. com.: The Lille Commercial Court sanctions, at the Minister of the Economics request, several payment clauses in violation of Art. L. 442-6-I-2° C. com. and orders the end of infringements and a civil fine (Castorama France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. What application was the judicial judge going to make of the new Article L. 442-6-I-2° introduced into the Commercial Code by the Law on modernisation of the economy of 4 August 2008, with a view to reinforcing the arsenal of provisions designed to control possible abuses in business relations? This text - the wording of which is not without reference to that of article L. 132-1 of the Consumer Code - provides that "it engages the liability of its author and obliges him to compensate for the harm caused by the fact that any producer, trader, industrialist or person registered in the trade register, subjects or attempts to subject a trading partner to

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Violation of Art. L. 442-6-I-2° C. com.: The Lille Commercial Court sanctions, at the Minister of the Economics request, several payment clauses in violation of Art. L. 442-6-I-2° C. com. and orders the end of infringements and a civil fine (Castorama France), 6 January 2010, Concurrences N° 2-2010, Art. N° 31253, pp. 99-102

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