ALERTS: UNFAIR COMMERCIAL PRACTICES – SUDDEN BREAK OF ESTABLISHED BUSINESS RELATIONSHIPS

Sudden break: The French Supreme Civil Court holds a decision in the case of a breach excluding the special liability for sudden break of established business relationships (Système U, Knauf...)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. We are aware of the very strict case law in the assessment of the fault likely to justify a breach without the notice required by the former article L. 442-6, I, 5°, which became article L. 442-1, II, C. com. It has sometimes explained this, emphasising that if the text does not specify 'neither the nature nor the degree of contractual non-performance', its derogatory character from the imperative laid down in limine explains why it must be 'of sufficient gravity' (not. Paris, 17 October 2018, Letter distr. 11/2018). The actuality is more contrasted, with two decisions out of three judging the rupture in the short term to be justified and, in so

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Clémence Mouly-Guillemaud, Sudden break: The French Supreme Civil Court holds a decision in the case of a breach excluding the special liability for sudden break of established business relationships (Système U, Knauf...), 15 January 2020, Concurrences N° 2-2020, Art. N° 94085, www.concurrences.com

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