CASE COMMENTS : RESTRICTIVE PRACTICES – SIGNIFICANT IMBALANCE – CIVIL ACTION – ACTION BY THE MINISTER OF ECONOMY

Significant imbalance : The Evry Court of Commerce finds that the disputed provisions of a contract between a retailer and its supplier are not significantly imbalanced and thus rejects the Minister’s action for a civil fine (Ministre de l’Économie/ITM Alimentaire)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This is one of the latest first-instance decisions in the so-called "Novelli" series of summonses issued in the autumn of 2009 against nine general and specialist retailers. The decisions handed down in this case are similar, but not identical. In the case under consideration, the objections of inadmissibility examined by the Court are particularly interesting in that, although they are ultimately rejected, they strictly define the contours of the Minister's action and suggest a solution, namely the rejection of the Minister's action on the merits. The admissibility of the action was first challenged on the now classic issue of the lack of prior

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Mireille Dany, Significant imbalance : The Evry Court of Commerce finds that the disputed provisions of a contract between a retailer and its supplier are not significantly imbalanced and thus rejects the Minister’s action for a civil fine (Ministre de l’Économie/ITM Alimentaire), May 2013, Concurrences N° 2-2013, Art. N° 52123, pp. 96-97

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