CASE COMMENTS: DISTRIBUTION – FRANCHISING – PRECONTRACTUAL INFORMATION – LIABILITY OF THE SUPPLIER

Franchising: The Orléans Court of Appeal rules that the loss caused by the violation of the “Doubin“ law is only compensable if the victim provides the evidence of a lack of consent (Ada)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A franchisor in the motor vehicle rental industry is proposing to a former general insurance agent to take over a franchised business in Orléans. The pre-contractual disclosure document (PID) is submitted on April 2, 2012, training is provided in April, the franchise agreement is signed on June 25, 2012 and the takeover of the previous franchisee's business takes place the next day. Very quickly, i.e. from November 13, 2013, the company set up by the former general insurance agent is put into receivership before being liquidated one month later. In 2015, the former agent sued the franchisor to obtain compensation for his loss on the basis of Article L.

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Nicolas Éréséo, Franchising: The Orléans Court of Appeal rules that the loss caused by the violation of the “Doubin“ law is only compensable if the victim provides the evidence of a lack of consent (Ada), 7 May 2020, Concurrences N° 3-2020, Art. N° 96165, pp. 114-115

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