CASE COMMENTS: DISTRIBUTION – RESALE BY THIRD PARTY – WINDING-UP PROCEEDING – PARASITISM

Selective distribution: The French Supreme Court considers a reseller liable under article L.442-6,I,6° of the Commercial code for buying products subject to a selective distribution system from a selected distributor who thus breaches its obligation not to sell to a non-authorized dealer, and under article 1382 of the Civil code by reselling these products in degrading circumstances or conditions (Futura Finances / Chanel)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Luxury products and cheap marketing have never been a good match. The report had been drawn up thirty years ago, with amused lyricism, by Jean-Marc Mousseron about perfumes ("Detchema ou le rêve avili", JCP E 1985, Cah. Dr. Distr. n° 3, p. 8), the consequences were again drawn from it, still in perfume matters, by the Court of Cassation in its decision of February 16, 2016. A company had supplied professional discounters with fragrance

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  • University of Montpellier

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Didier Ferrier, Selective distribution: The French Supreme Court considers a reseller liable under article L.442-6,I,6° of the Commercial code for buying products subject to a selective distribution system from a selected distributor who thus breaches its obligation not to sell to a non-authorized dealer, and under article 1382 of the Civil code by reselling these products in degrading circumstances or conditions (Futura Finances / Chanel), 16 February 2016, Concurrences N° 2-2016, Art. N° 79231, p. 117

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