Exclusive distribution: The Court of Cassation censures the appeal decision dismissing the application of a dealer based on non-compliance with Article L. 330-3 of the French Commercial Code on the grounds that the grantor had qualified him as a new distributor and that such modification of the original contract required to furnish such information to enable him to give informed consent (Marina Europe/Bénéteau)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 21 February 2012, Marina Europe v Bénéteau, No. 11-13653 Article L. 330-3 of the French Commercial Code is still at the heart of this quarter's jurisprudential news. The pre-contractual obligation of information that it imposes, in the event of making available know-how, a trademark or a brand name in return for exclusivity or quasi-exclusivity, seems to be an argument that is increasingly being raised - both as a claim and a defence - to enable a creditor to obtain the cancellation of a contract whose performance is problematic. It thus enables a new authorised dealer following the assignment of a concession contract to defend himself usefully