CASE COMMENTS: DISTRIBUTION – FRANCE – FRANCHISING – MASTER FRANCHISE – TRANSFER OF CLIENT BASE – POST-CONTRACTUAL NON-COMPETE CLAUSE – VOIDNESS

Transfer of client base: The Paris Court of Appeal cancels the post-contractual non-compete clause provided in a franchise agreement because of its incompatibility with the franchisor’s agreement to transfer its clients to the franchisee (Eclade, Esole, Main Street, Erwan Flatres, Cle Anglaise, Success Story, Success Story le Mans / Bernard et Nicolas Soinne, Educational Programs Master France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment under comment is curious, both in terms of the situation which is its argument and in terms of the solution which it seems to enshrine. The situation was the result of two agreements concluded between a master franchisee and certain franchisees of the network it had created. The first was a franchise agreement containing a non-competition clause with post-contractual effect for a period limited to one year and thus on this point in conformity with the requirements of EU Regulation No. 330-2010 (Art. 5.3) as set out in Article L. 341-2 C. com. The second was a customer transfer agreement by which the master franchisee had "transferred to the

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Nicolas Ferrier, Transfer of client base: The Paris Court of Appeal cancels the post-contractual non-compete clause provided in a franchise agreement because of its incompatibility with the franchisor’s agreement to transfer its clients to the franchisee (Eclade, Esole, Main Street, Erwan Flatres, Cle Anglaise, Success Story, Success Story le Mans / Bernard et Nicolas Soinne, Educational Programs Master France), 13 December 2017, Concurrences N° 2-2018, Art. N° 87003, pp. 98-100

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