CASE COMMENTS: RESTRICTIVE PRACTICES – SUDDEN TERMINATION OF COMMERCIAL RELATIONSHIPS

Sudden termination of commercial relationships: The Court of Cassation states that the continuation of an agreement after the effective date of its termination does not imply that it has been tacitly renewed, on the one hand, and makes a restrictive interpretation of article l. 442-6-I-5°, providing for a doubled notice period when the victim of the breaking-off is a supplier of products sold under the distributor’s trademark, on the other hand (Topstore, TNT Express National, GALEC, Textile Assistance)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 28 June 2011, TNT Express National v/ Topstore, No. 10-16867 Cass. com, 7 June 2011, Groupement d'achats des centres Leclerc (GALEC) c/ Textile Assistance, n° 10-12095 Numerous cases regularly arise in the context of litigation concerning the sudden termination of established commercial relationships. This is evidenced by two recent rulings of the Court of Cassation relating, in the first case, to the consequences of continuing relations after the effective date of termination of the contract, and, in the second case, to the interpretation of the requirement of a doubling of the notice period for suppliers of own-brand products. First species:

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Mary-Claude Mitchell, Sudden termination of commercial relationships: The Court of Cassation states that the continuation of an agreement after the effective date of its termination does not imply that it has been tacitly renewed, on the one hand, and makes a restrictive interpretation of article l. 442-6-I-5°, providing for a doubled notice period when the victim of the breaking-off is a supplier of products sold under the distributor’s trademark, on the other hand (Topstore, TNT Express National, GALEC, Textile Assistance), 28 June 2011, Concurrences N° 4-2011, Art. N° 39956, pp. 119-121

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