CASE COMMENT : DISTRIBUTION – EXCLUSIVE SUPPLYING AGREEMENT – FRANCHISING – INDIVISIBLE CONTRACTS – COMMON INTENTION OF THE CONTRACTING PARTIES

Exclusive supplying agreement: The French Supreme Court decides the criteria for indivisibility between Franchise Agreement and Exclusive Supplying Distribution Agreement (Carrefour proximité France/Sodéma)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, July 12, 2011, Carrefour proximité France c/ Sodéma, n° 10-22930 The fact that a contract belongs to a contractual unit may have implications both at the stage of formation of the contract and at the stage of its performance or termination, provided that the contracts are linked by a link of indivisibility. This is an important issue since the recognition of a contractual indivisibility has an impact on the fate of the related contract in the event of the disappearance of the former: namely, its annihilation. In the present case, it was more specifically a question of whether the non-renewal of a fixed-term contract at the end of its term could

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Dominique Ferré, Exclusive supplying agreement: The French Supreme Court decides the criteria for indivisibility between Franchise Agreement and Exclusive Supplying Distribution Agreement (Carrefour proximité France/Sodéma), 12 July 2011, Concurrences N° 4-2011, Art. N° 39709, pp. 110-112

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