Sale of Buniness: The Amiens Court of Appeal holds that the use of a website to reach customers within the scope of prohibition of a non-recovery and non-solicitation provision, forbidden by contract, is not a breach of contract in the absence of an express provision that qualifies it as such (Chermes/Maison Richet)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The issue of the legal treatment of online sales and, incidentally, the delicate classification of e-shops is now classically illustrated by the prohibition on the promoters of distribution networks to prohibit, in an absolute manner, passive resales by their distributors from their own online sales sites (see in particular the Paris Court of Appeal, 31 January 2013, RG n° 08/23812, Case Pierre Fabre, etc.).). More rarely, and somewhat surprisingly, it is envisaged through post-contractual non-competition, non-reaffiliation, non-reinstatement or even non-solicitation of customers clauses. The subject of prohibited competition is, however, an area of reflection