CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – SIGNIFICANT IMBALANCE – CLEAR DISPROPORTION – BUSINESS PARTNERSHIP

Business partnership: The French Supreme Court rules that Article L. 442-6 of the French Commercial Code does not apply to the relationship between a lawyer and his law firm (M. E. / Cabinet S.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By the time the reader reads these lines, the judgment under commentary will perhaps no longer be more than an illustration of the Byzantinisms on which article L. 442-6 C. com. has been based for too long. In this case, judges had rejected a lawyer's claim for damages, directed against the law firm with which he had concluded a contract of liberal collaboration, and based on a manifest disproportion with regard to the service rendered (art. L. 442-6, I, 1°, C. com.) or a significant imbalance in the rights and obligations of the parties (art. L. 442-6, I, 2°, C. com.). In support of his appeal in cassation, the lawyer explained that the provisions of Book

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, Business partnership: The French Supreme Court rules that Article L. 442-6 of the French Commercial Code does not apply to the relationship between a lawyer and his law firm (M. E. / Cabinet S.), 20 February 2019, Concurrences N° 2-2019, Art. N° 90403, pp. 102-103

Visites 173

All reviews