CASE COMMENTS : RESTRICTIVE PRACTICES – CONFORMITY WITH THE CONSTITUTION – MINISTER REQUEST

Conformity with the Constitution – Minister Request : The French Constitutional Court rules that article L. 442-6-III C. com. respects rights and freedoms which are guaranteed by the Constitution, bud adds an interpretative reserve (Système U)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cons. const. dec. no. 2010-126 QPC of May 13, 2011, System U Four months to the day after its decision affirming the conformity of the rule on significant imbalance with the principle of legality of crimes and penalties (Cons. const., dec. no. 2010-85, QPC of January 13, 2011, Établissements Darty et Fils, ConcurrencesNo. 1-2011, p. 131, obs. J.-L. Fourgoux D. 2011, p. 415, note Y. Serra), the Constitutional Council once again pronounces on a priority issue of constitutionality concerning Article L. 442-6 of the Commercial Code, in a decision that was no less expected, far from it, than the previous one. More specifically, Article L. 442-6-III paragraph 2

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Conformity with the Constitution – Minister Request : The French Constitutional Court rules that article L. 442-6-III C. com. respects rights and freedoms which are guaranteed by the Constitution, bud adds an interpretative reserve (Système U), 13 May 2011, Concurrences N° 3-2011, Art. N° 37951, pp. 129-132

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