CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – CASELAW – SUDDEN BREACH OF ESTABLISHED COMMERCIAL RELATIONSHIP – INTERNATIONAL LITIGATION – MANDATORY PROVISIONS

Sudden termination: The International Commercial Chamber of the Paris Court of Appeal rules that Article L. 442-6, I, 5° of the Commercial Code does not override mandatory provisions (Sodmilab / Waters)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Conflict of doctrines at the Paris Court of Appeal! Chambers 5-4 and 5-5 have so far disagreed as to whether or not the provisions of the former Article L. 442-6, I, 5° C. com. which became L. 442-1, II, constituted a police law: yes for the former (CA Paris, p5 Jul. 2017, RG no. 15/19988; 9 Jan. 2019, RG no. 18/09522, CCC 2019, comm. 87, obs. N. Mathey; AJ Contract 2019, p. 189, obs. V. Pironon); not for the second (CA Paris, 28 Feb. 2019, RG no 17/16475, CCC 2019, comm. 87, obs. N. Mathey). The thesis contra

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  • University of Aix-Marseille

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Frédéric Buy, Sudden termination: The International Commercial Chamber of the Paris Court of Appeal rules that Article L. 442-6, I, 5° of the Commercial Code does not override mandatory provisions (Sodmilab / Waters), 3 June 2020, Concurrences N° 3-2020, Art. N° 96173, pp. 119-120

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