ALERTS: DISTRIBUTION – COOPERATION AGREEMENT – DISTRIBUTION AGREEMENT – CENTRAL CONTRACTING AGENCY – CONCURRENT JURISDICTIONS – SIGNIFICANT IMBALANCE

Advantages without counterpart: The Paris Court of Appeal condemns a French distributor for obtaining unfair advantages from a foreign supplier, and considers that the expiry of a foreclosure period for challenge invoices for services shall not a loss of the right to bring a legal action (Conforama France / Industria Conciaria Volturno, High Point Real Estate)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts An American company was a supplier to the French retailer Conforama and thus its creditor. This supplier was also a debtor of another American company and of an Italian company. In the context of a derivative action, these last two creditors asserted against Conforama the claim of their debtor, which was in bankruptcy in the United States. Conforama then set off against its two creditors the claim it claimed to have against them in 2005 and one in 2006, in respect of the provision of commercial cooperation services by Conforama (in particular "in-store product presence" services in 90% of the sales outlets or "market research and analysis" services)

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  • Jean-Michel Vertut - Avocat (Montpellier)

Quotation

Jean-Michel Vertut, Advantages without counterpart: The Paris Court of Appeal condemns a French distributor for obtaining unfair advantages from a foreign supplier, and considers that the expiry of a foreclosure period for challenge invoices for services shall not a loss of the right to bring a legal action (Conforama France / Industria Conciaria Volturno, High Point Real Estate), 30 March 2021, Concurrences N° 2-2021, Art. N° 101357, www.concurrences.com

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