ALERTS: DISTRIBUTION – FRANCHISING – LIABILITY

Franchising: The French Supreme Court upholds a judgment of the district court jointly condemning a franchisor and a franchisee for non-compliance with the Hamon law and the conditions of sale on the Internet concerning the exercise of the buyer’s right of withdrawal (Feu vert / G. Patrick)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In doctrine, the imputability of the harmful acts of a member of an integrated distribution network to its promoter is a subject of disputatio (see in particular our study, "La responsabilité de l'animateur d'un réseau de distribution pour des actes dommageables commis par ses membres à l'aune de la notion de groupe de sociétés", RLDA 2018, No. 141, p. 39). As far as case law is concerned, the issue remains relatively unaddressed: either because judges are rarely seized of requests for condemnation of a network promoter for acts of its affiliated distributors; or because, when they are, they evade the invitation to debate by assessing the merits of liability

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  • University of Toulouse

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Lucas Bettoni, Franchising: The French Supreme Court upholds a judgment of the district court jointly condemning a franchisor and a franchisee for non-compliance with the Hamon law and the conditions of sale on the Internet concerning the exercise of the buyer’s right of withdrawal (Feu vert / G. Patrick), 17 February 2021, Concurrences N° 2-2021, Art. N° 100709, www.concurrences.com

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