CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – SIGNIFICANT IMBALANCE – GENERAL TERMS AND CONDITIONS OF PURCHASE – DISCOUNT TERMS

Significant imbalance: The Paris Court of Appeal rules that the general terms and conditions of purchase, which systematically take precedence over the general terms and conditions of sale and impose discount conditions without consideration, can be qualified as a significant imbalance within the meaning of the French Commercial Code (GEEPF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This judgment is very significant because it was handed down in a relationship between a manufacturer and its suppliers and not between a distributor and its supplier. In the present case, GE Energy Product France (GE EPF) is a major manufacturer of medium and large gas turbines which was the subject of an investigation by the DGCCRF in

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Jean-Louis Fourgoux, Significant imbalance: The Paris Court of Appeal rules that the general terms and conditions of purchase, which systematically take precedence over the general terms and conditions of sale and impose discount conditions without consideration, can be qualified as a significant imbalance within the meaning of the French Commercial Code (GEEPF), 12 June 2019, Concurrences N° 3-2019, Art. N° 91564, pp. 104-105

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