CASE COMMENTS : RESTRICTIVE PRACTICES – PARTIAL BREACH – NOTICE – DOUBLING NOTICE – PRIVATE LABEL – DAMAGE
Partial breach: The Paris Court of Appeal compensates the supplier for private label sofas sudden termination of business relations and doubles the notice but dismisses the complaint challenging unbalanced clause on the tariff negotiations (GSD/Ikea)
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– CA Paris, May 23, 2013, RG n° 12/01166
This very detailed ruling highlights the practical difficulties that may exist in the development of commercial relations between an industrialist and a major retailer. Green Sofa Dunkerque (GSD) has been supplying furniture to Ikea for the group's various stores since 1993. These commercial relations are of particular importance since, from 1997, one of GSD's industrial sites was entirely dedicated to Ikea, while another site which continued to produce furniture for other customers was sold in 2007. In that year GSD made EUR 24 million with Ikea.
In 2008 quality problems were detected by Ikea on a range of sofas.
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