CASE COMMENTS: DISTRIBUTION - DISTRIBUTION OF BEER - CONTRACT - PENALTY CLAUSE - CONTRACT AMENDMENT

Distribution of beer : The Paris Court of Appeal holds that the amount of the penalty clause provided by an exclusive purchasing contract may be amended only whether it is clearly excessive (Société Brasseries Kronenbourg)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts Brasseries Kronenbourg has concluded a 'brewery contract' with a pub operator whereby the latter undertakes, on an exclusive basis and for a period of three years, to serve a certain volume of beer. The beer wholesaler designated by this contract shall avail himself of a penalty clause stipulated for his benefit in the

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Philippe Vanni, Distribution of beer : The Paris Court of Appeal holds that the amount of the penalty clause provided by an exclusive purchasing contract may be amended only whether it is clearly excessive (Société Brasseries Kronenbourg), 18 May 2006, Concurrences N° 3-2006, Art. N° 27781, www.concurrences.com

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