CASE COMMENTS: RESTRICTIVE PRACTICES - SIGNIFICATIVE IMBALANCE – PENAL CLAUSE – ARTICLE L. 442-6, I 2° C. COM

Significative imbalance : The French Judiciary Supreme Court, after having recalled the conditions for admissibility of Ministry actions and stated the existence of significative imbalance between rights and obligations to the detriment of suppliers, considers that the provisions of the article 1152 of the Civil code do not preclude the application of the article 442-6 I 2° of the Commercial Code to a penal clause, as far as the conditions have been met (GALEC)

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

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Valérie Durand, Significative imbalance : The French Judiciary Supreme Court, after having recalled the conditions for admissibility of Ministry actions and stated the existence of significative imbalance between rights and obligations to the detriment of suppliers, considers that the provisions of the article 1152 of the Civil code do not preclude the application of the article 442-6 I 2° of the Commercial Code to a penal clause, as far as the conditions have been met (GALEC), 27 May 2015, Concurrences Review N° 3-2015, Art. N° 75064, p. 106

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