CASE COMMENTS: DISTRIBUTION - EXEMPTION REGULATION NO. 330/2010 - KNOW-HOW – CONSTITUENT ELEMENTS

Franchise : The Chambéry Court of Appeal decides that is void for lack of subject matter the franchise agreement according to which the know-how is described using “purely general” terms (Puis-je vous aider/Enfase)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Know-how is a determining factor in the success of a franchise, failing which the franchise agreement is considered devoid of cause or purpose and therefore void (Cass. com., 14 September 2010, Appeal No. 09-17.079). Therefore, the argument is frequently invoked by franchisees disappointed with the results of the franchise to obtain the nullity of the contract and with it, the restitution of royalties and the entrance fee. The judgment of the Court of Appeal of Chambéry of 31 March 2015 is a further illustration of this, in a case where the issue

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  • University of Montpellier

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Didier Ferrier, Franchise : The Chambéry Court of Appeal decides that is void for lack of subject matter the franchise agreement according to which the know-how is described using “purely general” terms (Puis-je vous aider/Enfase), 31 March 2015, Concurrences N° 3-2015, Art. N° 75048, pp. 96-97

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