CASE COMMENTS : RESTRICTIVE PRACTICES – SIGNIFICANT IMBALANCE – SUDDEN TERMINATION OF COMMERCIAL RELATIONSHIPS – DISTRIBUTION/RETAIL

Significant imbalance: The Versailles Court of Appeal rules that significant imbalance has to be appreciated in consideration of contractual relations (Dexxon Data Media/Fujifilm Recording Media)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Significant imbalance is not discrimination! This is essentially the major lesson that emerges from the decision handed down by the Versailles Court of Appeal on 27 October 2011 in a dispute between a wholesaler and a manufacturer of computer products. Shortly after the law on the modernisation of the economy, the wholesale distributor brought a lawsuit in which he invoked the new rule apprehending significant imbalances in contracts between professionals and also complained of a brutal partial termination of the commercial relations established between himself and his supplier. Having been dismissed in its entirety at first instance, he appealed and obtained

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