CASE COMMENT : RESTRICTIVE PRACTICES - SIGNIFICANT IMBALANCE – CIVIL ACTION – MINISTER REQUEST – CIVIL FINE

Significant imbalance: The Paris Court of Appeal confirms the ruling of the Lille Court of Commerce imposing a fine on a retailer because of the significant imbalance of two provisions of its annual agreement with its suppliers

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Lille Commercial Court had ordered Eurauchan to pay a civil fine of EUR 1 million for a significant imbalance in its annual agreement. This action was one of a series of writs issued by the Minister of the Economy in September 2009 against nine general and specialised supermarket chains (ConcurrencesNo. 4-2011, p. 125-126, note M. Dany, "The French government is not yet ready to take action against Eurauchan").), On appeal, Eurauchan notably invoked the application of the Charter of Fundamental Rights of the European Union. According to Eurauchan, the Minister's action contravened the right to an effective remedy, access to an impartial tribunal and

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Mireille Dany, Marianne Le Moullec, Significant imbalance: The Paris Court of Appeal confirms the ruling of the Lille Court of Commerce imposing a fine on a retailer because of the significant imbalance of two provisions of its annual agreement with its suppliers, 11 September 2013, Concurrences N° 4-2013, Art. N° 59273, p. 103

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