ALERTS : DISTRIBUTION - UNFAIR PRACTICES - SIGNIFICANT IMBALANCE

Significant imbalance: The Paris Court of Appeal finds itself at prey to the torments of prescription of a claim based on a significant imbalance (Econocom France / Bois & Matériaux)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A major player in the distribution of wood and building materials has entered into a so-called "upgradeable" IT equipment rental contract with a specialised company, which is materialised by a contractual package and includes in particular a "technology exchange option" which consists of offering the lessee the option to exchange part of its equipment for new equipment every 6 months, subject to renewal of the contract for a further 42 months each time. Following 8 successive renewals, the lessor decides to terminate the exchange option pursuant to a clause in the contract. The tenant then tries, through various means, to contest the validity of the last

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  • Centre de Droit de l’Entreprise (Montpellier)

Quotation

Sibylle Chaudouet, Significant imbalance: The Paris Court of Appeal finds itself at prey to the torments of prescription of a claim based on a significant imbalance (Econocom France / Bois & Matériaux), 24 May 2019, Concurrences N° 3-2019, Art. N° 91644, www.concurrences.com

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