CASE COMMENT : RESTRICTIVE PRACTICES - SPECIALIZED JURISDICTIONS - COMPETENCE
Restrictive practices: The French Supreme Court decides that the determination of the competent court regarding restrictive practices is not subordinated to the examination of the legitimacy of the requests (BMW/RETIF)
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Cass. com, 26 March 2013, BMW / RETIF, Appeal No. 12-12685
A car manufacturer had signed an audit contract with a company wishing to join its network of authorised repairers, the purpose of which was to have the latter audited by a third party service provider in order to determine whether it met the standards required to obtain such an authorisation. The contract included a clause conferring jurisdiction on the Paris Commercial Court to settle any dispute arising from its interpretation, performance or termination.
At the end of the audit, the car manufacturer had informed the applicant that it was unable to continue the approval process due to the
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