CASE COMMENT : DISTRIBUTION - COMMERCIAL COOPERATION - ACTION OF THE ECONOMY MINISTER - ADMISSIBILITY - RECOVERY OF OVERPAYMENTS - CIVIL PENALTY

Action of the Economy Minister : The Angers Court of Appeal rules that the Minister of Economy cannot require a distributor to refund any sums that suppliers unduly pay it without the latter’s approval (FINAMO)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA d'Angers, 29 May 2007, S.A. FINAMO v/ Minister of the Economy, aff. n° 06/00563 Facts One distributor had entered into commercial cooperation agreements with its suppliers for "promotion [and volume and sales development services".] Taking the view that the remuneration paid by the suppliers did not correspond to any service actually rendered, the Minister for the Economy brought an action for annulment of the contracts and repayment by the distributor of the sums unduly received. The Court of Appeal ruled inadmissible the applications for annulment of the unlawful clauses and agreements and for recovery of undue payments, but ordered the distributor

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Dominique Ferré, Action of the Economy Minister : The Angers Court of Appeal rules that the Minister of Economy cannot require a distributor to refund any sums that suppliers unduly pay it without the latter’s approval (FINAMO), 29 May 2007, Concurrences N° 3-2007, Art. N° 27487, www.concurrences.com

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