CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – CASELAW – ARTICLE L. 442-6 OF THE COMMERCIAL CODE – SCOPE OF APPLICATION – COMMERCIAL LEASE

Commercial lease: The French Supreme Court considers that Article L. 442-6 of the French Commercial Code is only applicable to production, distribution or services activities (Au Marahja)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment handed down on 15 February 2018 by the Third Civil Chamber of the Court of Cassation (AJ Contrat 2018, p. 143, obs. K. Magnier-Merran) can be placed in the family of "grands arrêts du petit droit" (F. Buy, Les grands arrêts du petit droit, D. 2017, p. 1481). It is one of a growing number of these decisions, which are currently part of the cantonment of the scope of application of article L. 442-6 C. com. (see not. dir. C. Mouly-Guillemaud, Flux et reflux de la rupture d'une relation commerciale, LexisNexis, 2018). In the present case, Au Marahja, a tenant of commercial premises, had sued its landlord before the Tribunal de Grande Instance de

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

  • University of Aix-Marseille

Quotation

Frédéric Buy, Commercial lease: The French Supreme Court considers that Article L. 442-6 of the French Commercial Code is only applicable to production, distribution or services activities (Au Marahja), 15 February 2018, Concurrences N° 2-2018, Art. N° 86916, pp. 106 - 107

Visites 190

All reviews