CASE COMMENTS : DISTRIBUTION – FRANCHISING – OBLIGATION OF INFORMATION – CONDITION OF THE CANCELLATION OF THE CONTRACT

Franchising: The Court of Cassation reaffirms that the violation of article L. 330 3 C. com. provokes the cancellation of the contract if the breach in the obligation of information chargeable to the supplier has for consequence to affect the consent of the distributor (Mikit France/M. X…)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 15 March 2011, Mikit France v. M. X..., No. 10-11871 Context of the judgment The obligation to provide pre-contractual information, which is currently set out in Article L. 330 3 of the French Commercial Code, and which was introduced by the Doubin Act of 31 December 1989, is a recurring source of dispute, as the system offers interesting prospects for the distributors concerned. The factual circumstances are in fact generally identical from one case to another: a franchisee who is disappointed by the know-how communicated by the supplier or, more broadly, by the advantages offered by the network is looking for an honourable way out in the

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Nicolas Éréséo, Franchising: The Court of Cassation reaffirms that the violation of article L. 330 3 C. com. provokes the cancellation of the contract if the breach in the obligation of information chargeable to the supplier has for consequence to affect the consent of the distributor (Mikit France/M. X…), 15 March 2011, Concurrences N° 3-2011, Art. N° 37435, pp. 125-127

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