Concession contract: The French Supreme Court decides that successive renewals of contracts do not preclude the absence of negotiation required by Article L 442-6 C. com. and that the judges of the court of first instance must assess the proportionality between the effects of a clause authorising the suspension of the performance of the contract and the compensations obtained by the co-contractor (Concept / XEROX)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Concept company had been a Xerox dealer since 2007, under successive three-year renewable concession contracts. The dealer sold Xerox equipment and provided its customers with maintenance services by Xerox under a subcontracting agreement with Xerox. During 2015, and therefore during the third concession contract, XEROX, referring to the contractual provisions, suspended its maintenance services to Concept 's customers after having put

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Jean-Louis Fourgoux, Concession contract: The French Supreme Court decides that successive renewals of contracts do not preclude the absence of negotiation required by Article L 442-6 C. com. and that the judges of the court of first instance must assess the proportionality between the effects of a clause authorising the suspension of the performance of the contract and the compensations obtained by the co-contractor (Concept / XEROX), 6 April 2022, Concurrences N° 3-2022, Art. N° 108108, p. 114

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