CASE COMMENTS: RESTRICTIVE PRACTICES – QUALITY OF INFRINGER – ASSOCIATION – APPLICATION (NO)

Sudden termination: The French Supreme Court departs an association from the scope of Article L 442-6 I 5 ° imposing granted its partner a written notice proportionate to the duration of trade relations on the grounds that the victim did not claim that it was a service provider (Institut technique de la Fédération française du bâtiment / Pixscène)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. After an extensive interpretation of the notion of established commercial relationship, the Commercial Chamber of the Court of Cassation seems to want, with precautions, to give the impression of returning to a stricter and more literal application of the specific text. The facts of the case were fairly traditional: after several years of contractual relations one of the parties wished to terminate it, which triggered a claim for termination without proportionate notice. But the particularity lies in the quality of the author of the termination. It was the Institut technique de la Fédération française du bâtiment (Technical Institute of the French

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Jean-Louis Fourgoux, Sudden termination: The French Supreme Court departs an association from the scope of Article L 442-6 I 5 ° imposing granted its partner a written notice proportionate to the duration of trade relations on the grounds that the victim did not claim that it was a service provider (Institut technique de la Fédération française du bâtiment / Pixscène), 5 January 2016, Concurrences N° 2-2016, Art. N° 79237, p. 130

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