CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – SUDDEN BREACH OF COMMERCIAL RELATIONSHIPS – CONCESSION CONTRACT OF LIMITED DURATION – NON-RENEWAL – BASIS OF THE CLAIM (TORT OR CONTRACTUAL)

Tort: The French Supreme Court underlines the relevance, for the victim of the breach of commercial relationships, of a tort action based on article L.442-6-I-5° of the Commercial Code (Mayet / Nebot)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The case, which was the subject of the Court of Cassation's ruling of January 11, 2017, involved, among others, Société Impression, Xerox's concessionaire for 17 years under several successive concession agreements, against which the latter had proposed a new division of the contractual scope of the concession, a few months before the expiry of the last contract, for a fixed term of 3 years, with no tacit renewal. The contract had then expired without acceptance of the new terms and conditions proposed by the licensor, who, having effectively failed to renew the contract, was sued for breach of its contractual obligations and for acts of unfair competition

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Mary-Claude Mitchell, Tort: The French Supreme Court underlines the relevance, for the victim of the breach of commercial relationships, of a tort action based on article L.442-6-I-5° of the Commercial Code (Mayet / Nebot), 11 January 2017, Concurrences N° 2-2017, Art. N° 83855, pp. 121-122

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