ALERTS : DISTRIBUTION - SUDDEN RUPTURE OF BUSINESS - DEFINITION OF COMMERCIAL RELATIONSHIP

Break of commercial relationship : The Versailles Court of Appeal holds that a commercial relationship can be “established” within the meaning of Article L. 442-6 of the Commercial Code even if there are no permanent and ongoing dealings between the parties (Partouche)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts A wine merchant had been present for several years at the Paris Fair and made almost 45% of his annual turnover there. He had been informed by the organiser of the event, about eight months before the next edition, that wine merchants could no longer participate in order to free up space for other exhibitors. The wine merchant had then sued the organiser for abrupt termination of an established business relationship. The Commercial Court of Nanterre having granted his request, the organiser appealed and claimed in particular that "there is no business volume between the parties since the occasional rental of a stand at a trade fair open 10 days a

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Dominique Ferré, Didier Ferrier, Break of commercial relationship : The Versailles Court of Appeal holds that a commercial relationship can be “established” within the meaning of Article L. 442-6 of the Commercial Code even if there are no permanent and ongoing dealings between the parties (Partouche), 12 June 2008, Concurrences N° 3-2008, Art. N° 27567, www.concurrences.com

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