CASE COMMENTS : DISTRIBUTION – EXCLUSIVE DISTRIBUTION – MOTOR VEHICLE SECTOR – REORGANIZATION OF THE NETWORK – NOTICE PERIOD

Exclusive distribution – Motor vehicle sector: The Paris Court of Appeal rules that the notice period of one year exempted by regulations (EC) 1475/95 and 1400/2002 deprives of authority the article L. 442 6, I, 5° C. com (Armor Véhicules/DAF Trucks)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Context of the judgment Since the mid-1990s, the European exemption regulations applicable to the automotive sector have included provisions designed to guarantee the independence of the distributor. In this respect, both Regulation 1475/95 and its successor Regulation 1400/2002 provide in identical terms (see Articles 3, 7(b) and 3, 5(b)) that the exemption is subject to the supplier giving two years' notice where the contract has been concluded for an indefinite period. This principle of two years' notice is, however, subject to various exceptions. In particular, the period is reduced to one year where : on the one hand, the supplier has to pay a

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Nicolas Éréséo, Exclusive distribution – Motor vehicle sector: The Paris Court of Appeal rules that the notice period of one year exempted by regulations (EC) 1475/95 and 1400/2002 deprives of authority the article L. 442 6, I, 5° C. com (Armor Véhicules/DAF Trucks), 30 August 2011, Concurrences N° 3-2011, Art. N° 37433, pp. 123-125

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