CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – SIGNIFICANT IMBALANCE – ECONOMIC PARTNER – CONTRACTOR – ECONOMIC MINISTER

Significant imbalance: The French Supreme Court decides that pursuant to Article L 442-6 I 2° of the French Commercial Code, a commercial partner is a party with whom the other party commits, or is about to commit, to a commercial relationship without any other condition, either in terms of duration or stability of the commercial relationship (Cometik-Locam)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The significant imbalance in its initial wording and in the wording applicable since the Order of 24 April 2019 presupposes a precondition: the submission of one partner by the other contracting party to this imbalance. Indeed, while the Order has removed the reference to the "trading partner", it has retained the former wording of the text with regard to the constituent elements of the practice. This is a very striking case that has just been decided by the Commercial Chamber of the Court of Cassation. Significant because the length of the proceedings gives it a quasi-historical character; significant because it emphasizes that the

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Jean-Louis Fourgoux, Significant imbalance: The French Supreme Court decides that pursuant to Article L 442-6 I 2° of the French Commercial Code, a commercial partner is a party with whom the other party commits, or is about to commit, to a commercial relationship without any other condition, either in terms of duration or stability of the commercial relationship (Cometik-Locam), 15 January 2020, Concurrences N° 2-2020, Art. N° 94861, pp. 110-111

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