CASE COMMENT: RESTRICTIVES PRACTICES - SUDDEN BREAKING OFF OF COMMERCIAL RELATIONSHIPS

Breaking off of commercial relationships: The Court of Cassation further defines the conditions enabling the qualification of sudden breaking off, relating to the established commercial relationship and to the way the breaking-off has to be notified (Tecno Plastic ; Alprene ; Sodimas ; Fatton)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Cass. com, 5 May 2009, Sociétés Tecno Plastic et Alprene c/ M. Y, n° 08-11916 Cass. com, April 7, 2009, Société Sodimas c/ Société Transports Fatton, n° 08-11572 What is covered by the notion of "established commercial relations" and what form can or must the announcement of the termination of such relations take in order to validly constitute the starting point of the notice period required by Article L. 442-6-I-5° of the French Commercial Code? It is on these two questions that the Court of Cassation addressed in its rulings of 5 May and 7 April 2009. First species ___________________________________________________________ The case was between Mr

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Mary-Claude Mitchell, Breaking off of commercial relationships: The Court of Cassation further defines the conditions enabling the qualification of sudden breaking off, relating to the established commercial relationship and to the way the breaking-off has to be notified (Tecno Plastic ; Alprene ; Sodimas ; Fatton), 7 April 2009, Concurrences N° 3-2009, Art. N° 27923, pp. 100-101

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