CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – RESTRICTIVE PRACTICES OF COMPETITION – ABUSIVE CLAUSES – IMBALANCED CLAUSE – LEGAL SANCTION – CANCELLATION

Cancellation: The French Supreme Court considers that significant imbalance cannot be subject to a cancellation under the French Commercial Code (Nord Toitures / SCT)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Here is an unpublished decision of the Court of Cassation which, out of the blue, seems to have settled, for the first time, one of the major questions relating to the regime of article L. 442-6, I, 2° C. com. In the case in point, a company had signed a contract with a telephone operator for professional users for a fixed telephone service and direct connection. The client company had terminated the contract, after reproaching the operator for not having made the connection,

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  • University of Aix-Marseille (Marseille)

Quotation

Frédéric Buy, Cancellation: The French Supreme Court considers that significant imbalance cannot be subject to a cancellation under the French Commercial Code (Nord Toitures / SCT), 24 May 2017, Concurrences N° 3-2017, Art. N° 84502, pp. 94-95

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