CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - BRUTAL RUPTURE - TRANSFER OF ACTIVITY - CONTINUATION OF RELATIONS - CONTROL OF THE NOTICE PERIOD

Sudden termination: The French Supreme Court reviews the conditions for the continuation of the relationship in case of transfer of activity and the judge’s control over the duration of the notice period (Rave Distribution / Franciaflex)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Under what conditions does a transfer of assets or business lead to the continuation of a relationship previously maintained by the transferor with a commercial partner, and what control should the judge carry out on the length of the notice period subsequently granted by the transferee having resumed the relationship with this partner after the transfer? These two questions are addressed by the Court of Cassation in its judgment of 10 February 2021. Disposal of assets and continuation of business relationships This first question was asked in a particular context. At the end of 2011, a company that had concluded a goods transport contract with Rave was

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Mary-Claude Mitchell, Sudden termination: The French Supreme Court reviews the conditions for the continuation of the relationship in case of transfer of activity and the judge’s control over the duration of the notice period (Rave Distribution / Franciaflex), 10 February 2021, Concurrences N° 2-2021, Art. N° 100535, pp. 112-113

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