CASE COMMENTS: DISTRIBUTION – DEFECT OF CONSENT (NO) – MODIFICATION OF THE BRAND – FRANCHISOR LIABILITY (NON)

Franchising: The French Supreme Court rules that a franchisor can modify the brand of his network (Epil Sun et Sud-Est / International Esthetique)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The management of a distribution network implies reconciling the necessary changes that the network has to undergo with the principle of the inviolability of all the contracts that materialise its existence (N. Ferrier, Évolution de la politique du réseau et intangibilité contractuelle, JDS n° 49, June 2012, p. 44 et seq.). In the implementation of this conciliation, the case law fortunately sided with the franchisors, or rather with the economic realities, by retaining "the right of any supplier to modify the organization of its distribution network" (Cass. com., 2 Dec. 2008, No. 07-18775, CCC 2009, No. 42, obs. N. Mathey), "without its

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

Quotation

Nicolas Éréséo, Franchising: The French Supreme Court rules that a franchisor can modify the brand of his network (Epil Sun et Sud-Est / International Esthetique), 19 January 2016, Concurrences N° 2-2016, Art. N° 79233, pp. 124-126

Visites 187

All reviews