CASE COMMENTS : RESTRICTIVE PRACTICES – SIGNIFICANT IMBALANCE – ABUSE OF ECONOMIC DEPENDENCE – TEMPORAL APPLICATION – CONTRACTUAL PENALTIES

Significant imbalance – Abuse of economic dependence: The Paris Court of Appeal admits the validity of contractual penalties in virtue of the former article relating to the abuse of economic dependence and also according to the new rule relating to the significant imbalance (France Logistique/La Poste Service)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A few days after the decision of the Constitutional Council admitting that Article L. 442-6-I 2° of the Commercial Code, resulting from the law on the modernisation of the economy, respects the principle of legality of offences and penalties (Cons. constit. 13 January 2011, ConcurrencesNo. 1-2011, p. 131, obs. J.-L. Fourgoux D. 2011, p. 415, note Y. Picod; J.-D. Bretzner, "Le déséquilibre significatif : quelles difficultés", in "Pratiques contractuelles et Droit de la concurrence", ConcurrencesNo. 1-2011, p. 17.), the Paris Court of Appeal issues a ruling in which it examines an application for the nullity of contractual penalties made by a company, both on

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Versailles Saint-Quentin-en-Yvelines University

Quotation

Muriel Chagny, Significant imbalance – Abuse of economic dependence: The Paris Court of Appeal admits the validity of contractual penalties in virtue of the former article relating to the abuse of economic dependence and also according to the new rule relating to the significant imbalance (France Logistique/La Poste Service), 19 January 2011, Concurrences N° 2-2011, Art. N° 35925, pp. 129-130

Visites 1837

All reviews