CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – SIGNIFICANT IMBALANCE – COMMERCIAL NEGOCIATIONS – LEGAL CONTROL FOR PRICE – PRICE REDUCTION
Judicial control of prices: The French Supreme Court considers that prices can be controlled according to the article L. 442-6, I,5° of the Commercial code (Le Galec)
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The decision of the Commercial Chamber of the Court of Cassation of 25 January 2017 (Obs. F. Buy, D. 2017, p. 481; obs. M. Béhar-Touchais, JCP G 2017; obs. S. Pech-Le Gac, JCP E 2017, 1135), presided over for the occasion by First President Louvel, is probably the most important decision that the High Court has so far rendered on the subject of article L. 442-6, I, 2° C. com. A part of the doctrine, which is extremely critical of it, has already denounced "the judge's seizure of power over trade negotiations" (M. Béhar-Touchais, prec.). But while one may, of course, be taken aback by this new power of the judge, one must also remember that all that was said
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