Franchise : The French Supreme Court and the Toulouse Court of Appeal return to the question of the error on profitability in franchising (Loding a.o.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Two judgments provide an opportunity to revisit the issue of the error of profitability in franchising. In the first case (Cass. com., May 12, 2021, No. 19-17.701), a franchisee sought the nullity of the franchise agreement on the grounds that the operating results were far from the forecasts made by the franchisor when the agreement was signed. The Court of Appeal rejected the claim, holding that the failure to achieve the forecast objectives was not sufficient to show that the figures communicated by the franchisor were not serious. The judgment was quashed. 11,328 in the second year, which were significantly lower than the forecasts announced by the