CASE COMMENTS : RESTRICTIVE PRACTICES - SUDDEN BREAKING OF ESTABLISHED COMMERCIAL RELATIONSHIPS - FREEDOM OF ENTERPRISE

Sudden breaking of commercial relationships: The Caen Court of Appeal holds that a party to a limited duration agreement may decide not to renew it, when such decision is consistent with the provisions of the agreement (Alençon Plastic/Seb-Moulinex)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This is essentially the solution that emerges from a decision of the Caen Court of Appeal of 23 April 2009 . The disputed clause, inserted in a subcontracting agreement between the GSM Companies (Groupe Seb-Moulinex) and Alençon Plastic, was worded as follows : "This contract is concluded for an initial period of three years from the date of signature. It will then be renewable twice for one year by tacit agreement unless terminated by either party by registered letter with acknowledgement of receipt three months before the expiry date". In strict

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Mary-Claude Mitchell, Sudden breaking of commercial relationships: The Caen Court of Appeal holds that a party to a limited duration agreement may decide not to renew it, when such decision is consistent with the provisions of the agreement (Alençon Plastic/Seb-Moulinex), 23 April 2009, Concurrences N° 4-2009, Art. N° 29288, pp. 129-130

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